Walden v. Phillips
Court of Appeals of Kentucky
Case 46 — PETITION APPEAL PROM HENDERSON CIRCUIT COURT. 1. “An act to quiet title to lands,” passed in 1854, authorizing suit for that purpose by one having both title and possession, is still in force. (Barker v. Warren, 6 Ky. Law Bep., 87; Kincaid v. Magowan, 6 Ky. Law Bep., 102; 7 Bush, 49.) 2. The estate of the wife not having been reduced to possession by the husband might have been, by the court, settled upon the wife for her benefit and that of her children.
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Case 46 — PETITION APPEAL PROM HENDERSON CIRCUIT COURT. 1. “An act to quiet title to lands,” passed in 1854, authorizing suit for that purpose by one having both title and possession, is still in force. (Barker v. Warren, 6 Ky. Law Bep., 87; Kincaid v. Magowan, 6 Ky. Law Bep., 102; 7 Bush, 49.) 2. The estate of the wife not having been reduced to possession by the husband might have been, by the court, settled upon the wife for her benefit and that of her children. (Story’s Equity, vol. 2, sec. 1417; Pomeroy’s Equity, sec. 1116; Bennent v. Dillingham, 2 Dana, 437.) 3. The husband’s right to…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion ot the court.
The appellee, Charles Phillips, married Mary Moss in 1882. The former was at the time of marriage in the twenty-first year of his age, and the latter was not sixteen years of age. After their marriage, and while the one was under twenty-one years of age and the *304other under sixteen years of age, they instituted suit against Geo. W. White, the statutory guardian of Mary Phillips, formerly Moss, upon his bond as such guardian; judgment was rendered in favor of the appellee and his wife, Mary Phillips, against Geo. W. White, for the sum of two…
2Cases cited1 opinion
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