Fletcher v. Tyler
Court of Appeals of Kentucky
Case 28 — PETITION EQUITY APPEAL PROM DAVEISS CIRCUIT COURT. 1. -As Woodson Eletcher paid the purchase price and-, procured the deed to be made it should be construed as though he were himself the grantor. (Smith v. Upton,. 12 Ky. Law Bep., 28.) 2. Where the husband makes provision for the wife and children an intention should be presumed upon his part to give the whole of it to her for life, remainder to the children.
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Case 28 — PETITION EQUITY APPEAL PROM DAVEISS CIRCUIT COURT. 1. -As Woodson Eletcher paid the purchase price and-, procured the deed to be made it should be construed as though he were himself the grantor. (Smith v. Upton,. 12 Ky. Law Bep., 28.) 2. Where the husband makes provision for the wife and children an intention should be presumed upon his part to give the whole of it to her for life, remainder to the children. (Davis v. Hardin, 80 Ky., 672.) 1. Under the deed from Woodson Eletcher to his wife and children the wife and her two children in esse at the date of the deed took under it as…
1Opinion of the Court
JUDGE BENNETT
delivered .the opinion op the court.
This action was brought by the appellees against the-appellants to subject the supposed interest of the appellant; Woodson Fletcher, in a house and lot in the city of Owensboro to the satisfaction of their judgment against him.
The granting clause of the deed, by which said lot. is held, is as follows: “ This indenture made and entered, into this, the 28th day of May, 1851, by and between O. F. Stirman of. one part and Ohloe Ann Fletcher and the heirs of her body by Woodson Fletcher upon her begotten, for and in the consideration,” etc. (naming…
2Cases cited4 opinions
- Bodine's Adm'rs v. ArthurCourt of Appeals of Kentucky · 1890
- Davis v. HardinCourt of Appeals of Kentucky · 1880
- Tucker v. TuckerCourt of Appeals of Kentucky · 1880
- Anderson v. GoreCourt of Appeals of Kentucky · 1822
3Cited by13 opinions
- Harkness v. LisleCourt of Appeals of Kentucky · 1909
- American National Bank v. MadisonCourt of Appeals of Kentucky · 1911
- McFarland v. HatchettCourt of Appeals of Kentucky · 1904
- Yates v. YatesNebraska Supreme Court · 1920
- Rice v. KletteCourt of Appeals of Kentucky · 1912
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