Carter v. McDaniel
Court of Appeals of Kentucky
Case 99 — PETITION EQUITY — 1. James T. McDaniel was not seized with title in or possession of the-lands in his lifetime, and, therefore, his widow is not entitled to dower' therein or the rent thereof. There must be actual possession or right of possession in the husband during his lifetime to entitle his widow to dower.
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Case 99 — PETITION EQUITY — 1. James T. McDaniel was not seized with title in or possession of the-lands in his lifetime, and, therefore, his widow is not entitled to dower' therein or the rent thereof. There must be actual possession or right of possession in the husband during his lifetime to entitle his widow to dower. (Butler v. Cheatham, 8 Bush, 594; Gassaway v. Woods. 9 Bush, 72; Bustache v. Rodaquest, 11 Bush. 47.) 2. The heirs of James T. McDaniel are not entitled to any rents whatever as against appellant, as he was a tenant in common with them. Where one co-tenant occupies the…
1Opinion of the CourtChief Justice Bennett
Harrison McDaniel died intestate in 1875, leaving Ashbrene McDaniel, Ms widow, and James T., Ida May and Wesley McDaniel, children. Harrison McDaniel’s administrator filed a suit for the settlement of his estafe as insolvent. Ashbrene McDaniel, the widow, intervened by cross-petition, asking the allotment of dower in her deceased husband’s land. About forty-eight acres were allotted to her, and *566the balance of the land was sold to pay the debts of the deceased. After the allotment of dower, the Widow sold the same to the appellant Carter, who held the possession of it until her death, which…
2Cases cited1 opinion
- Butler v. CheathamCourt of Appeals of Kentucky · 1871
3Cited by7 opinions
- McGuire v. CookSupreme Court of Arkansas · 1911
- Parsons v. JusticeCourt of Appeals of Kentucky · 1915
- Maloney v. McCulloughSupreme Court of Arkansas · 1949
- Goodrum's Guardian v. KelseyCourt of Appeals of Kentucky (pre-1976) · 1932
- Alexander v. TebeauCourt of Appeals of Kentucky · 1909
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