Faught v. Henry
Court of Appeals of Kentucky
Case 54 — PETITION EQUITY APPEAL FROM PAYETTE CIRCUIT COURT. The demurrer of appellant Laura to the petition ought to have been sustained, and the notes as to her ought to have been canceled. “ The contract of a feme covert, unless in regard to her separate estate, is not only voidable, but void absolutely.”
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Case 54 — PETITION EQUITY APPEAL FROM PAYETTE CIRCUIT COURT. The demurrer of appellant Laura to the petition ought to have been sustained, and the notes as to her ought to have been canceled. “ The contract of a feme covert, unless in regard to her separate estate, is not only voidable, but void absolutely.” (Robinson, &c. v. Robinson, 11 Bush, 174.) The objection that appellant Laura’s husband was not made a party to her plea of set-off could not be reached by general demurrer; it could only be reached by special demurrer. (Hardee, Son & Co. v. Hall & Long, 12 Bush, 327; Waits v. McClure, 10…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
The notes for the purchase-money having been executed by the husband and wife, and the conveyance made to the wife, we perceive no reason why the house and lot may not be sold to pay the purchase-money. The wife is not held liable on her obligation to pay, the claim for a personal judgment having been withdrawn. The demurrer was also properly sustained to the third paragraph in the answer, in which a set-off is attempted to be pleaded in the name of the wife, and while her inability to sue can only be taken advantage of by special demurrer, still…
2Cited by14 opinions
- Thompson Estate Co. v. KammOregon Supreme Court · 1923
- Meyer v. City of CovingtonCourt of Appeals of Kentucky · 1898
- Leopold v. FurberCourt of Appeals of Kentucky · 1886
- Fisher v. EvansCourt of Appeals of Kentucky · 1917
- Gentry v. WalkerCourt of Appeals of Kentucky · 1892
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