Stults v. Sale
Court of Appeals of Kentucky
Case 2 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. The appellee was not a housekeeper with a “family” within the meaning of the statute. (Brooks v. Oollins, 11 Bush, 625; Carter v. Adams, 9 Ky. Law Rep., 91; Riley v. Smith, Ky. Law Rep., 616; Ellis v. Davis, 11 Ky. Law Rep., 893.) 2. The ceasing to have a family put an end to the exemption.
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Case 2 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. The appellee was not a housekeeper with a “family” within the meaning of the statute. (Brooks v. Oollins, 11 Bush, 625; Carter v. Adams, 9 Ky. Law Rep., 91; Riley v. Smith, Ky. Law Rep., 616; Ellis v. Davis, 11 Ky. Law Rep., 893.) 2. The ceasing to have a family put an end to the exemption. (Cooper v. Cooper, 24 Ohio Stat., 488.) 3. Exemptions are allowed for the benefit of the debtor’s family, and not for his own benefit. (McMurray v. Shuck, 6 Bush, 111; Thorn v. Darlington, 6 Bush, 449; Bell v. Keach, 80 Ky., 47.) 1. While a…
1Opinion of the CourtChief Justice Holt
This appeal presents a single, but hitherto undecided question by this court.
When the appellee, H. H. Sale, in 1864, first came into, the occupancy of the property in contest, and in which *6he had a life estate, he was undoubtedly a bona fide housekeeper with a family. It then consisted of a wife and five children; and that he then acquired a homestead right in the property is beyond question.
He has occupied it as a housekeeper ever since. In 1883, when this suit was brought upon a return of nulla bona to subject whatever property he had to the payment of the appellant’s debt, his family had…
2Cases cited4 opinions
- Ellis v. DavisCourt of Appeals of Kentucky · 1890
- Brooks v. CollinsCourt of Appeals of Kentucky · 1876
- Kimbrel v. WillisIllinois Supreme Court · 1881
- Gay v. HanksCourt of Appeals of Kentucky · 1884
3Cited by13 opinions
- Weaver v. First National BankSupreme Court of Kansas · 1907
- Towne v. RumseyWyoming Supreme Court · 1894
- Fullerton v. SherrillSupreme Court of Iowa · 1901
- Gowdy v. JohnsonCourt of Appeals of Kentucky · 1898
- Greenshaw v. BrownSupreme Court of Oklahoma · 1923
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