Legal Opinion

Cooper v. Arnett

Court of Appeals of Kentucky

Decided May 26, 1894PublishedCited by 7 opinions

Case 102 — PETITION EQUITY APPEAL PROM HOPKINS CIRCUIT COURT. 1. The debtor is not entitled to the exemption claimed as he does not allege or prove that when ho sold the Henderson land he intended to invest any part of the proceeds in other lands or real estate of any kind. 2. It is only when a housekeeper with his family has had his homestead specifically laid off to him, or has a homestead worth not more than one thousand dollars, that he can. sell same and reinvest the…

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Case 102 — PETITION EQUITY APPEAL PROM HOPKINS CIRCUIT COURT. 1. The debtor is not entitled to the exemption claimed as he does not allege or prove that when ho sold the Henderson land he intended to invest any part of the proceeds in other lands or real estate of any kind. 2. It is only when a housekeeper with his family has had his homestead specifically laid off to him, or has a homestead worth not more than one thousand dollars, that he can. sell same and reinvest the proceeds in another homestead, or exchange it for another homestead and hold it against pre-existing debts. The law does…

1Opinion of the Court

JUDGE HAZELRIGG

delivered the opinion oe the court.

Appellee Arnett was the owner of a farm in Henderson Comity on which, in February, 1890, and prior thereto, he and his family resided, and in which he was entitled to a homestead. In April, 1890, he sold this farm *or the sum of four thousand dollars, and at once invested *605two thousand four hundred dollars of the money in the purchase of two hundred and forty-four acres of land in Hopkins County. He then sold to appellee Sutton one hundred and twenty-fire acres of the Hopkins Count}’ farm for one thousand four hundred dollars, retaining and…

2Cited by7 opinions

  1. Dewberry v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1931
  2. Marcum v. EdwardsCourt of Appeals of Kentucky · 1918
  3. Curtis v. HeltonCourt of Appeals of Kentucky · 1900
  4. Frank Lynch Co. v. National City Bank of ChicagoCourt of Appeals for the Eighth Circuit · 1919
  5. Kenneth Walker and Josephine Walker v. Fairbanks Investment CompanyCourt of Appeals for the Ninth Circuit · 1959

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