Wilkey v. Wilkey
Tennessee Supreme Court
FROM RHEA. Appeal from the Chancery Court of Rhea County to the Court of Civil Appeals, and by certiorari to the Court of Civil Appeals from the Supreme Court.— Ervin L. Davis, Judge.
1Opinion of the CourtJustice Williams
The question raised by the petition for certiorari in this cause is: Where title to realty is by deed vested in a husband and wife as tenants by entireties, and the husband dies, are the surviving wife and the minor children of both entitled to homestead as against the debts of the wife incurred after the husband’s death?
We hold that such right exists.
Whatever may have been said of the soundness of the decision in Jackson v. Shelton, 89 Tenn., 82, 16 S. *432W., 142, 12 L. R. A., 514, to the effect that the husband is, during the life of both spouses, entitled to the homestead exemption against…
2Cases cited5 opinions
- Cole Manufacturing Co. v. CollierTennessee Supreme Court · 1895
- Pendergest v. HeekinCourt of Appeals of Kentucky · 1893
- Jackson, Orr & Co. v. SheltonTennessee Supreme Court · 1890
- Smith v. WrightCourt of Appeals of Texas · 1896
- McCrae v. McCraeTennessee Supreme Court · 1900
3Cited by1 opinion
- In Re SivleyUnited States Bankruptcy Court, E.D. Tennessee · 1981