Davis v. Jenkins
Court of Appeals of Kentucky
Case 62 — PETITION EQUITY APPEAL PROM HARDIN CIRCUIT COURT. 1. Circuit courts have no power after the expiration of the term to vacate or modify a judgment or final order, except in the mode and on the grounds specified in the Code. (McManama v. Garnett, 3 Met., 517; Civil Code, secs. 340, 342.) 2. In order to release dower and homestead, it is not necessary that the. wife should be named in the granting clause of the deed.
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Case 62 — PETITION EQUITY APPEAL PROM HARDIN CIRCUIT COURT. 1. Circuit courts have no power after the expiration of the term to vacate or modify a judgment or final order, except in the mode and on the grounds specified in the Code. (McManama v. Garnett, 3 Met., 517; Civil Code, secs. 340, 342.) 2. In order to release dower and homestead, it is not necessary that the. wife should be named in the granting clause of the deed. It is sufficient that she joins with the husband in waiving or relinquishing the right of dower and homestead. (Gen. Stats., chap. 38, art. 13, sec. 13; McGrath v. Berry,…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion op the codrt.
In 1883, S. H. Jenkins, husband of the appellee, L. A. Jenkins, and the said appellee, L. A. Jenkins, executed a mortgage on a house and lot, the property of S. II. Jenkins, situated in West Point, Hardin county, Ky., to secure the payment of borrowed money. Thereafter, S. H. Jenkins, in contemplation of insolvency, made an assignment for the benefit of creditors. The assignee instituted suit in the Hardin Circuit Court to have the estate settled and distributed among the creditors. Emily Davis, as creditor and mortgagee, was made defendant to…
2Cases cited3 opinions
- Pribble v. HallCourt of Appeals of Kentucky · 1877
- Hill v. LancasterCourt of Appeals of Kentucky · 1889
- Harpending's Ex'rs v. WylieCourt of Appeals of Kentucky · 1877
3Cited by8 opinions
- Wren v. CookseyCourt of Appeals of Kentucky · 1913
- Byers v. First State BankCourt of Appeals of Kentucky · 1914
- Kimbrough v. HarbettCourt of Appeals of Kentucky · 1901
- Booe v. KennerCourt of Appeals of Kentucky · 1899
- Thompson v. PorterCourt of Appeals of Kentucky · 1919
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