Rose v. Rose
Court of Appeals of Kentucky
Case 7 — IN EQUITY APPEAL PROM LOGAN CIRCUIT COURT. The act of 1894, March 15, was intended by the Legislature to1 readjust marital rights, as well existing ones as those thereafter to be acquired; and is no violation of the Constitution of the United States. Constitution, see. 10 art. 1; Ky. Stats., sec, 2128; Cabell, et. al. v. Cabell’s Adrar., 1 Met., 319; Maguire v. Maguire, 7 Dana, 184; Gaines v. Gaines, 9 B. M., 308; Prichard! v. Citizens’ Bank, 28 Am.
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Case 7 — IN EQUITY APPEAL PROM LOGAN CIRCUIT COURT. The act of 1894, March 15, was intended by the Legislature to1 readjust marital rights, as well existing ones as those thereafter to be acquired; and is no violation of the Constitution of the United States. Constitution, see. 10 art. 1; Ky. Stats., sec, 2128; Cabell, et. al. v. Cabell’s Adrar., 1 Met., 319; Maguire v. Maguire, 7 Dana, 184; Gaines v. Gaines, 9 B. M., 308; Prichard! v. Citizens’ Bank, 28 Am. Dec., 132; Gen. Stat, chap. 52, sec. 6; Azbill v. Azbill, 92 Ky., 154; Carson v. Carson, 40 Miss., 349; Berthelemy v. Johnson, 3 B. M.,…
1Dissent
JUDGE DuRELLE
dissenting.
The question presented in this case is- whether the statutory right given to the husband by'the act of 1846 (2 Rev. Stat. 8) to the use of the wife’s land, with power in him to *56rent it for not more than three years at a time, can be taken from him by legislation adopted subsequent to his marriage. It is provided in the act of March 15,1894 (section 2127, Ky. Stat.), that “during the existence of the marriage relation the wife shall hold and own all her estate to her separate and exclusive use, and free from the debts, liabilities or control of her husband;” and this…
2Cases cited12 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Maguire v. MaguireCourt of Appeals of Kentucky · 1838
- Starr v. PeaseSupreme Court of Connecticut · 1831
- Rugh v. OttenheimerOregon Supreme Court · 1877
- Gaines v. Gaines'Court of Appeals of Kentucky · 1848
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