Bosquett v. Hall
Court of Appeals of Kentucky
Case 89 — PETITION EQUITY APPEAL FROM HARDIN CIRCUIT COURT. Brief not in record. 1. It is immaterial whether or not the land in controversy was occupied as a homestead at the time of the creation of the debt if it be true that at the time of the alleged sale appellee was occupying said premisos as a homestead by himself and family.
Read the full summary
Case 89 — PETITION EQUITY APPEAL FROM HARDIN CIRCUIT COURT. Brief not in record. 1. It is immaterial whether or not the land in controversy was occupied as a homestead at the time of the creation of the debt if it be true that at the time of the alleged sale appellee was occupying said premisos as a homestead by himself and family. (Nichols v. Sennet, 78 Ky., 632; Eish v. Hunt, 81 ICy., 587.) 2. The appellee is a housekeeper “ with a family ” within the meaning of the statute. (McMurray v. Shuck, 6 Bush, 11; Arnold v. Waltz, 35 Iowa, 706; s. c., 36 Am. Rep., 248; Race v. Aldridge, 90 111.,…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
To entitle a person to the benefit of homestead exemption he must, when a debt against him is attempted to be satisfied, be a bona fide housekeeper, with a *567family, whether such debt was created before or after the homestead was acquired.
“In legal contemplation, whomsoever it is the natural or moral duty of the debtor to support, or is dependent upon him for support, may be considered and treated as a member of his family.” (Bell v. Keach, 80 ky., 42.) And accordingly an infant brother or sister, or aged and helpless parent, or even a bastard…
2Cited by9 opinions
- In Re Kionka's EstateDistrict Court of Appeal of Florida · 1959
- Fox v. Waterloo National BankSupreme Court of Iowa · 1905
- Deboe v. BrownCourt of Appeals of Kentucky (pre-1976) · 1929
- Roberts v. Frank Carrithers & Bros.Court of Appeals of Kentucky · 1918
- Adams v. ClarkSupreme Court of Florida · 1904
4 more not listed; retrieve them via the Exa API.