Johnson v. Kessler
Court of Appeals of Kentucky
Case 71 — PETITION EQUITY APPEAL PROM PULASKI CIRCUIT COURT; Whore land is held jointly by husband and wife; the whole must contribute to make up the homestead exemption to the husband. (Giblin v. Jordan, 6 Cal., 417; Lowell v. Shannon, 60 Iowa, 713; Miles v. Hall, 12 Bush, 105-9.) When the husband and wife own jointly property occupied as a homestead, the husband’s homestead exemption must be carved out of his interest only.
1Opinion of the Court
JUDGE HOLT
delivered the opinion op the court.
Tlie appellees, J. F. and Susan Kessler, are bus-band and wife. Prior to the creation of the appellant Johnson’s debt upon the husband, they owned jointly, by inheritance from their deceased daughter, a house and lot, which does not admit of division without sacrifice. The wife is not liable for the debt nor is her property. During the pendency of the suit in the lower court the entire property was, by agreement of parties, sold, the proceeds to remain the subject of the litigation. It brought seventeen hundred dollars. It is agreed that it was…
2Cases cited3 opinions
- Lowell v. ShannonSupreme Court of Iowa · 1883
- Giblin v. JordanCalifornia Supreme Court · 1856
- Miles v. HallCourt of Appeals of Kentucky · 1876
3Cited by6 opinions
- Spratt v. AllenCourt of Appeals of Kentucky · 1899
- In re BakerCourt of Appeals for the Sixth Circuit · 1910
- Pinson v. MurphyCourt of Appeals of Kentucky (pre-1976) · 1927
- Farmers' & Merchants' Bank v. BagbyCourt of Appeals of Kentucky (pre-1976) · 1928
- Hensley v. LovelyCourt of Appeals of Kentucky (pre-1976) · 1933
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