Hayden v. Robinson & Co.
Court of Appeals of Kentucky
Case 85 — PETITION EQUITY — APPEAL FROM HENRY CIRCUIT COURT. 1. The deed declared on as a mortgage does not pass appellant’s homestead. The words Mrs. Hayden hereby conveys to the second party her dower in the property hereby conveyed,” are words of limitation entitled to full meaning and effect (Spurrier, &c., v. Parker, &c., 16 B. M., 280; Churchill v. Reamer, 8 Bush, 260), and can only be construed to mean that Mrs. Hayden conveyed her dower but not the homestead.
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Case 85 — PETITION EQUITY — APPEAL FROM HENRY CIRCUIT COURT. 1. The deed declared on as a mortgage does not pass appellant’s homestead. The words Mrs. Hayden hereby conveys to the second party her dower in the property hereby conveyed,” are words of limitation entitled to full meaning and effect (Spurrier, &c., v. Parker, &c., 16 B. M., 280; Churchill v. Reamer, 8 Bush, 260), and can only be construed to mean that Mrs. Hayden conveyed her dower but not the homestead. (Wing v. Hayden, 10 Bush, 276; Herbert v. Kenton B. & S. Association, 11 Bush, 304.) 2. The homestead exemption not being…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION'OF THE COURT.
In 1877, W. B. Oldham, now deceased, sold and. conveyed to appellant two tracts of land for one-thousand four hundred dollars paid, and one thousand nine hundred and1 sixty dollars to be paid, one of them lying in and near to the town of New Castle, containing twenty-two and one-half acres, and the other having upon it a dwelling-house, lying wholly inside the limits of the town.
In 1882, appellant, for the recited consideration of nine hundred dollars, conveyed the tract of twenty-*618two and one-half acres to appellees, who afterwards brought this…
2Cited by6 opinions
- Pinson v. MurphyCourt of Appeals of Kentucky (pre-1976) · 1927
- Arnett v. Salyersville National BankCourt of Appeals of Kentucky (pre-1976) · 1931
- Perley v. WoodburySupreme Court of New Hampshire · 1911
- Greenhill's Adm'rs v. OppenheimerCourt of Appeals of Kentucky (pre-1976) · 1934
- Weir's Trustee v. WeirCourt of Appeals of Kentucky · 1910
1 more not listed; retrieve them via the Exa API.