Johnson v. Sweat
Court of Appeals of Kentucky
Cash 62 EQUITY APPEAL PROM UUTLISR CIRCUIT COURT. 1. The wife can only part with her title as provided by the statute. The consent of the husband has no significance. 2. The wife’s right of action accrues as soon as the husband attempts to dispose of her land.
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Cash 62 EQUITY APPEAL PROM UUTLISR CIRCUIT COURT. 1. The wife can only part with her title as provided by the statute. The consent of the husband has no significance. 2. The wife’s right of action accrues as soon as the husband attempts to dispose of her land. (Kennedy v. TenBroeck, 11 Bush, 251 ; Gen. Stat., ch. 24, secs. 19, 20, 21; cli. 52, art. .2, sec. 4; ch. 68, art. 1, sec. 4; Smith v. White, 1 B. Mon., 18; Bartlette v. Shackleford, 6 J. J. Mar., 553; Scarborough v. Watkins, 9 B. Mon., 49; 4 Dana, 123.) 1. Appellant, Mrs. Johnson, frequently represented to Martha Sweat and others that…
1Opinion of the Court
JUDGE HIKES
delivered tiie opixiox of the court.
When we considered this case before, we were misled by ■counsel into saying that the thirty years’ statute applied, and that the judgment should be affirmed. Counsel insisted that the statute was not well pleaded, but made no question as to the sufficiency of the proof to support the plea; so that, when we had decided that it was well pleaded, we applied it without a careful examination of the evidence. After carefully reading all the evidence, we must conclude that the thirty years’ statute does not apply. R. M. Johnson, appellees’ vendor,…
2Cited by4 opinions
- Rose v. WareCourt of Appeals of Kentucky · 1903
- Bankston v. Crabtree Coal Mining Co.Court of Appeals of Kentucky · 1894
- Louisville & Nashville Railroad v. ThompsonCourt of Appeals of Kentucky · 1899
- Butler v. McMillanCourt of Appeals of Kentucky · 1889