Fant v. Talbot
Court of Appeals of Kentucky
Case 4 — EQUITY APPEAL FROM WARREN CIRCUIT COURT. It is proved beyond controversy that appellee Hise never occupied the land claimed by him as a homestead until after it was sold under appellant’s execution against him. It was then too late to claim a homestead.
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Case 4 — EQUITY APPEAL FROM WARREN CIRCUIT COURT. It is proved beyond controversy that appellee Hise never occupied the land claimed by him as a homestead until after it was sold under appellant’s execution against him. It was then too late to claim a homestead. (Gen. Stat., eh. 38, art. 13, sec. 9; Hansford v. Holdam, 14 Bush, 210; Nichols v. Sennett, 78 Ky., 630; 4 Bush, 50; Carter v. Goodman, 11 Bush, 232.) Appellee Hise is, and was, a bona fide housekeeper when the land was sold. He improved it with the bona fide intent to make it his home, and did make it his home after the execution…
1Opinion of the Court
JUDGE PRYOR
delivered tiie opinion of tiie court.
The right of the appellee Hise to a homestead in the land in controversy is the only question involved in'this case.
In the year 1874 Hise purchased the land in controversy of one Young, and, some years after the sale, a conveyance was made without reserving a lien .for the purchase-móney. An execution issued upon a judgment in favor of the appellant against Hise that was levied on the land, the land sold, and, upon the failure to redeem by, Hise, a convejiance .was made to the purchaser by the sheriff The judgment was rendered against Hise in…
2Cases cited1 opinion
- Hansford v. HoldamCourt of Appeals of Kentucky · 1878
3Cited by6 opinions
- Mount v. Fourth Street BankCourt of Appeals of Kentucky · 1913
- Covington Brothers Co. v. ByrnsCourt of Appeals of Kentucky (pre-1976) · 1929
- Higgins v. HigginsCourt of Appeals of Kentucky · 1904
- Cooper v. CooperCourt of Appeals of Kentucky (pre-1976) · 1929
- Eagle Feather v. McHenrySouth Dakota Supreme Court · 1922
1 more not listed; retrieve them via the Exa API.