Hemphill v. Haas, Lyons & Co.
Court of Appeals of Kentucky
Case 77 — PETITION EQUITY — APPEAL. PROM WIXITLEY CIRCUIT COURT. As appellant did not unite in the deed of assignment executed by her husband, she can not he deprived of her homestead. 1. The appeal should be dismissed, as it is prosecuted upon a partial transcript and no schedule was filed in time. (L. & N. R. R. Co. v. Brice, 83 Ky., 210; 7 Ky.
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Case 77 — PETITION EQUITY — APPEAL. PROM WIXITLEY CIRCUIT COURT. As appellant did not unite in the deed of assignment executed by her husband, she can not he deprived of her homestead. 1. The appeal should be dismissed, as it is prosecuted upon a partial transcript and no schedule was filed in time. (L. & N. R. R. Co. v. Brice, 83 Ky., 210; 7 Ky. Law Rep., 180.) 2. If the debts were created prior to the purchase of the property, and upon a partial transcript it must he presumed that they were, appellant and her husband are not entitled to a homestead. (Gen. Stats., chap. 38, art. 13, sec. 16;…
1Opinion of the Court
CHIEF-JUSTIOE LEWIS
delivered this opininon of the court.
March 5, 1884, R. T. Hemphill, being a merchant, assigned and transferred to Bullock, trustee, his stock of *493.goods, accounts, etc., for the benefit of creditors, hnd March 15, 1884, he conveyed to him for the same purpose a lot, whereon was a house, the lower part of which was used for keeping and selling goods, and the upper part was occupied as a family residence. In the deed is this stipulation : “But said house and lot are not to be disposed of until after the stock of goods is sold out and all the accounts that can be, have been…
2Cited by7 opinions
- Brewer v. BrewerCourt of Appeals of Kentucky (pre-1976) · 1937
- Brannon v. BohannonCourt of Appeals of Kentucky (pre-1976) · 1936
- Mattingly's Admr. v. HazelCourt of Appeals of Kentucky · 1904
- Purdy v. MeltonCourt of Appeals of Kentucky · 1915
- Runyon v. Runyon's Adm'xCourt of Appeals of Kentucky (pre-1976) · 1936
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