Central Kentucky Lunatic Asylum v. Craven
Court of Appeals of Kentucky
Case 20 — PETITION EQUITY — APPEAL PROM BOONE CIRCUIT COURT- 1. To entitle a debtor to the homestead exemption he must not only be a housekeeper, but must be one with a family. The appel-lee is neither. (Anderson’s Law Dictionary, p. 440; Carter, &e., v. Adams, 9 Ky. Law Rep., 91; Bosquett, &c., v. Hall, 12 Ky. Law Rep., 433; Brooks, &c., v. Collins, &c., 11 Bush, 627.) 2. A suit in the name of appellant is equivalent to a suit in the name of the Commonwealth. (Ky.
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Case 20 — PETITION EQUITY — APPEAL PROM BOONE CIRCUIT COURT- 1. To entitle a debtor to the homestead exemption he must not only be a housekeeper, but must be one with a family. The appel-lee is neither. (Anderson’s Law Dictionary, p. 440; Carter, &e., v. Adams, 9 Ky. Law Rep., 91; Bosquett, &c., v. Hall, 12 Ky. Law Rep., 433; Brooks, &c., v. Collins, &c., 11 Bush, 627.) 2. A suit in the name of appellant is equivalent to a suit in the name of the Commonwealth. (Ky. Stats., sec. 257.) And the exemption law only applies as against individuals and not as against the Commonwealth. (Commonwealth…
1Opinion of the Court
JUDGE PAYNTER,
delivered the opinion oe the court.
James T. Craven owned and with his wife occupied a house and two acres of land as a homestead. They had no children. In 1885 the wife was adjudged a lunatic and confined in the Central Kentucky Lunatic Asylum, since which time she has remained there. The husband failing to pay the expenses of his wife at the asylum, this action was instituted by appellant to subject the property to the payment of the claim arising from the confinement of the wife in that institution.
Thepropertyis less than $l,000invalue. Appellee claimed it was exempt as a…
2Cases cited2 opinions
- Commonwealth v. CookCourt of Appeals of Kentucky · 1871
- Commonwealth v. LayCourt of Appeals of Kentucky · 1876
3Cited by2 opinions
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- Aurora Casket Co. v. RopersIndiana Court of Appeals · 1947