Pepper v. Thomas
Court of Appeals of Kentucky
Case 67 —PETITION APPEAL FROM SCOTT CIRCUIT COURT. 1. The land in which dower is sought was partnership property. The fact that one tract was conveyed to the two partners by name does not militate against this conclusion.
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Case 67 —PETITION APPEAL FROM SCOTT CIRCUIT COURT. 1. The land in which dower is sought was partnership property. The fact that one tract was conveyed to the two partners by name does not militate against this conclusion. (Spalding v. Wilson & Muir, 80' Ky., 591; Parsons on Partnership, 363; Bowler, &c., v. Blair, MS. Op., Mar., 1885.) 2. Appellee was entitled, as dower, to only on e-sixth of each of the two' tracts and not to one-third. 3. The court should have directed the commissioner, in allotting dower, to-consider the land in the same condition it was in when purchased by appellants. 4.…
1Opinion of the Court
■JUDGE HOLT
delivered the opinion of the court.
The right of the appellee, Eliza Thomas, as the widow of Alexander Thomas, to dower in two tracts of land which were conveyed jointly to her husband and Gr. F. Thomas, is denied, first, upon the ground that the grantees held^it as partnership property, and conveyed it to a trustee for the payment of their debts; and second, because her husband devised to her a considerable estate, both real and personal, the former amounting in value to more than this dower claim, and which affords her a competent livelihood.
It appears that prior to May 19, 1862,…
2Cases cited2 opinions
- Yancy v. SmithCourt of Appeals of Kentucky · 1859
- Tevis' executors v. McCrearyCourt of Appeals of Kentucky · 1860
3Cited by8 opinions
- Betts v. LetcherSouth Dakota Supreme Court · 1890
- Bitzer v. MerckeCourt of Appeals of Kentucky · 1901
- Adams Express Co. v. BradleyCourt of Appeals of Kentucky · 1918
- Maynard's Adm'r v. MaynardCourt of Appeals of Kentucky (pre-1976) · 1940
- Hogg v. HensleyCourt of Appeals of Kentucky · 1897
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