Cochran v. Kerney
Court of Appeals of Kentucky
Case 3 — PETITION EQUITY APPEAL PROM DAVIESS CIRCUIT COURT. CITED Revised Statutes, sec. 1, chap. 47. 1 Dana, 242, Rogers v. Grider. 1 Dana, 37, Ross v. Garrison. CITED Revised Statutes, chap. 49, sec. 14, art. 4. 1 Dana, 38, Ross v. Garrison. 1 Dana, 243, Rogers v. Grider. 3 Randolph, 183, Thornton v. Thornton. 4 Bush, 505, Elliott, &c. v. Nichols. 6 Mon. 265, Smith v. Peyton.
1Opinion of the Court
JUDGE LINDSAY
delivered the opinion op the court.
W. H. Kerney and wife hold title to the eighteen-acre tract of land conveyed to them in 1848 by John Combe as tenants by entirety. Their estate is one and indivisible. By the common law the husband would have no power to alienate it so as to defeat or in any way affect the rights of the wife in case she should outlive him (Rogers v. Grider, 1 Dana, 242); but he could convey the entire estate during the coverture, and if he should survive the wife his conveyance would become as effective to pass the Avhole estate as if he had been sole seized in…
2Cases cited1 opinion
- Rogers v. GriderCourt of Appeals of Kentucky · 1833
3Cited by2 opinions
- Hoffmann v. NewellCourt of Appeals of Kentucky (pre-1976) · 1932
- In Re BrownDistrict Court, W.D. Kentucky · 1932