Wilson v. Ewing
Court of Appeals of Kentucky
Case 115 — EQUITY APPEAL PROM BATH CIRCUIT COURT. 'The existence of the vendor’s lien did not affect the widow’s right to one third of the rents and profits of her deceased husband’s real estate prior to the assignment of dower. (Gen. Stat., sec. 8, art. 5, chap. 52.) The widow is entitled to one third of the rents and profits of only so much of the land as remains after satisfying the vendor’s lien. (4 Bush, 147.)
1Opinion of the Court
•JUDGE HARGIS
delivered the opinion op the court.
R. W. Mark having died the owner in fee-simple of a tract of land on which he owed a part of the purchase-money, suit was instituted to enforce the lien therefor, and 'to sell the land to pay his general creditors, his personal -estate being insufficient for that purpose.
Pending these proceedings, the land was rented for the years 1873 and 1875 by the court’s commissioner and receiver, and the widow of Mark occupied and received the irent for the year 1874.
*550It took thirty-three acres of the land to pay the vendor’s lien, and the court assigned…
2Cited by3 opinions
- Mayfield v. WrightCourt of Appeals of Kentucky · 1900
- Wyly v. KallenbachCourt of Appeals of Kentucky (pre-1976) · 1934
- Cain's Adm'r v. Ky. & Indiana Bridge & R. R.Court of Appeals of Kentucky · 1907