Legal Opinion

Foulks v. Rhea

Court of Appeals of Kentucky

Decided April 15, 1870PublishedCited by 2 opinions

Case 49 — PETITION EQUITY APPEAL PROM LOGAN CIRCUIT COURT. CITED Revised Statutes, section 22, chapter 35. 2 Smith’s Leading Cases, 466. 1 Marshall, 278, Spurr v. Trimble. CITED Revised Statutes, 1 Stanton, 496. 1 Morehead and Brown’s Digest, 544. 1 A. K. Marshall, 278. Virginia Code, 729. 6 Bush, 475.

1Opinion of the Court

JUDGE HARDIN

delivered the opinion op the court.

The appellant brought this suit in March, 1869, to recover dower as the widow of E. G. Foulks, in a house and lot in the town of Russellville, which Foulks, having'the legal title, conveyed by mortgage in 1855; and the same, having been sold *569under a decree foreclosing the mortgage, became vested in theappellee as remote vendee of the purchasers at the decretal sale. The defense, not controverting the fact that the plaintiff was the wife of Foulks and entitled to dower in the property-in the event of his death, presented the question whether he…

2Cited by2 opinions

  1. Prudential Insurance Co. of America v. GatzCourt of Appeals of Kentucky · 1918
  2. Wiggins v. New York Life Ins. Co.District Court, E.D. Kentucky · 1932

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