Legal Opinion

McQuinn v. McQuinn

Court of Appeals of Kentucky

Decided March 19, 1901PublishedCited by 6 opinions

.Case 43 — Action to Cancel a Deed and to Quiet Title — APPEAL FROM BREATHITT CIRCUIT COURT. Judgment Allotting Homestead to Defendant and Plaintiff Appeals. 1 Adultery of wife forfeits interest in estate of husband, Ky Stats., 2133; Goss v. Froman, 89 Ky., 318; Davis, &c. v. Calvert, 18 Ky.

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.Case 43 — Action to Cancel a Deed and to Quiet Title — APPEAL FROM BREATHITT CIRCUIT COURT. Judgment Allotting Homestead to Defendant and Plaintiff Appeals. 1 Adultery of wife forfeits interest in estate of husband, Ky Stats., 2133; Goss v. Froman, 89 Ky., 318; Davis, &c. v. Calvert, 18 Ky. Daw Rep., 975. 2. An answer to a petition seeking to set aside a deed, made after the grantor had been adjudged a lunatic, that does not assail the inquisition, nor allege a restoration to reason, nor that the deed ' was made during a lucid interval, does not state a defense. Carpenter v. Carpenter, 8…

1Opinion of the Court

Opinion op the court by

JUDGE O’REAR

Reversing.

Jerre McQuinn died in 1897, while confined in the Eastern Kentucky Lunatic Asylum, leaving n.o issue, and intestate. His father (appellant) is1 his sole heir at law, and appellee, Catherine McQuinn is his widow. On January 25, 1889, he was found by an inquest in the Breathitt county court to be a lunatic, and was ordered sent to the asylum for the insane, but it appears he was not actually incarcerated till 1891. On September 9, 1889, he executed to appellee a deed purporting to convey to her all his property, real and personal,. including choses…

2Cases cited2 opinions

  1. Evans v. EvansCourt of Appeals of Kentucky · 1892
  2. Stegall v. StegallU.S. Circuit Court for the District of Virginia · 1825

3Cited by6 opinions

  1. Axton v. AxtonCourt of Appeals of Kentucky · 1918
  2. Sergent v. North Cumberland. Mfg. Co.Court of Appeals of Kentucky · 1902
  3. Corrigan v. CorriganCourt of Appeals of Kentucky (pre-1976) · 1947
  4. Baldwin v. CookCourt of Appeals of Kentucky (pre-1976) · 1930
  5. Evans v. EvansCourt of Appeals of Kentucky (pre-1976) · 1933

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