Gowdy v. Johnson
Court of Appeals of Kentucky
Case 84 — ACTION TO ANNUL ALLOTMENT OF HOMESTEAD APPEAL FROM TAYLOR CIRCUIT COURT. 1. Under the statute (Ky. Stats., sec. 1702), only a person who is a bona fide housekeeper with a family is entitled to a homestead. If the appellee was not a bona fide housekeeper with a family he was' not and is not now entitled to a homestead in the land, and on demurrer it is conceded that he was not a bona fide housekeeper with a family.
Read the full summary
Case 84 — ACTION TO ANNUL ALLOTMENT OF HOMESTEAD APPEAL FROM TAYLOR CIRCUIT COURT. 1. Under the statute (Ky. Stats., sec. 1702), only a person who is a bona fide housekeeper with a family is entitled to a homestead. If the appellee was not a bona fide housekeeper with a family he was' not and is not now entitled to a homestead in the land, and on demurrer it is conceded that he was not a bona fide housekeeper with a family. The case of Stults v. Sale, 92 Ky., 5, is not inconsistent with this contention. In that case the debtor had living with him a daughter, an invalid brother and a…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion of the court.
On June 26, 1879, one Christie caused an execution to be levied on one hundred and twenty-three acres of land belonging to his debtor, the appellee, Johnson, who was a housekeeper with a family and entitled to a homestead. Appraisers Cundiff and Griffin were accordingly selected by the officer levying the execution to set apart the homestead, and did so by giving the debtor ninety-two acres of the tract. The residue of the land was sold by the officer. On November 5, 1883, the appellant, Gowdy, caused an execution against Johnson to be levied…
2Cases cited4 opinions
- Stults v. SaleCourt of Appeals of Kentucky · 1891
- Gully v. . ColeSupreme Court of North Carolina · 1887
- Stubblefield v. GravesIllinois Supreme Court · 1869
- Beckner v. RuleSupreme Court of Missouri · 1886
3Cited by15 opinions
- Bushnell v. LoomisSupreme Court of Missouri · 1911
- Yager's Adm'r v. President of Bank of KentuckyCourt of Appeals of Kentucky · 1907
- Brewington v. BrewingtonSupreme Court of Missouri · 1908
- Brandenburg v. Petroleum ExplorationCourt of Appeals of Kentucky (pre-1976) · 1927
- Balance v. GordonSupreme Court of Missouri · 1912
10 more not listed; retrieve them via the Exa API.