Legal Opinion

Ellis v. Davis

Court of Appeals of Kentucky

Decided April 26, 1890PublishedCited by 18 opinions

Case 80 — PETITION ORDINARY APPEAL FROM ICENTON CIRCUIT COURT. 1. In an action of ejectment equitable matter can not be pleaded as a defense.

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Case 80 — PETITION ORDINARY APPEAL FROM ICENTON CIRCUIT COURT. 1. In an action of ejectment equitable matter can not be pleaded as a defense. (Coleman v. Casey, 1 Mar., 440; Stinebaugh v. Wisdom, 13 B. M., 468.) 2. Upon the death of the wife the husband is not entitled to a homestead in her land, either as against a creditor or the legal heir to the estate, unless he is a bona fide housekeeper with a family; and the person or personS'residhig with him, and constituting such a. family, must he those whom ho is under a moral or legal obligation to support. (Washburne on Real Property, vol. 1,…

1Opinion of the Court

JUDGE HOLT

delivered the opinion oe the court.

In October, 1882, the wife of the appellee, Albert Davis, acquired the land in contest. They occupied it as a homestead until November, 1885, when she died. It is worth less than one thousand dollars. They had no children. The two brothers of the wife were her only heirs. One of them conveyed his interest in the land to the other, who is the appellant, Andrew Ellis. He brought this action against the appellee, who, after the death of his wife, continued to live upon the land as a housekeeper, and now claims the right to it as a homestead so long as…

2Cases cited4 opinions

  1. Brooks v. CollinsCourt of Appeals of Kentucky · 1876
  2. Gasaway v. WoodsCourt of Appeals of Kentucky · 1872
  3. Eustache v. RodaquestCourt of Appeals of Kentucky · 1874
  4. Gay v. HanksCourt of Appeals of Kentucky · 1884

3Cited by18 opinions

  1. Holmes v. HolmesSupreme Court of Oklahoma · 1910
  2. Fox v. Waterloo National BankSupreme Court of Iowa · 1905
  3. Stults v. SaleCourt of Appeals of Kentucky · 1891
  4. Brewer v. BrewerCourt of Appeals of Kentucky (pre-1976) · 1937
  5. Deboe v. BrownCourt of Appeals of Kentucky (pre-1976) · 1929

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