Hall v. Hall
Court of Appeals of Kentucky
Cask 78 — PETITION EQUITY APPEAL FROM BULLITT CIRCUIT COURT. 1. The wife is a competent witness to prove the post-nuptial contract upon which she relies. (Darnaby v. Darnaby, 14 Bush, 485.) 2. Where the husband, in violation of such an agreement with his wife. takes title to himself, the wife will be permitted t.o assert her claim, even as against the husband’s creditors, if credit was not given upon the faith of the husband’s ownership.
Read the full summary
Cask 78 — PETITION EQUITY APPEAL FROM BULLITT CIRCUIT COURT. 1. The wife is a competent witness to prove the post-nuptial contract upon which she relies. (Darnaby v. Darnaby, 14 Bush, 485.) 2. Where the husband, in violation of such an agreement with his wife. takes title to himself, the wife will be permitted t.o assert her claim, even as against the husband’s creditors, if credit was not given upon the faith of the husband’s ownership. (Darnaby v. Darnaby, 14 Bush, 485; Latimer v. Glenn, 2 Bush, 537; Maraman v. Maraman, 4 Met., 90; Miller and Wife v. Edwards, 7 Bush, 394.) In this case the…
1Opinion of the Court
JUDGE BENNETT
delivered the oeirtoií oe the court.
The controversy here is as to the appellant’s, Maria Hall’s, right to have settled npon her one thousand dollars out of the proceeds of sale of a tract of land, the title to which was in Thomas Hall, husband of the appellant, the appellee, Robert Hall, claiming said sum as mortgagee of said land. The facts are briefly these: The appellant, in 1876, sold a tract of land lying in Bullitt county that belonged to her, for one thousand dollars, and delivered this sum to her husband, Thomas Hall, under promise that he would invest the said sum in…
2Cases cited2 opinions
- Darnaby v. Darnaby's AssigneeCourt of Appeals of Kentucky · 1879
- Meade v. StairsCourt of Appeals of Kentucky · 1888
3Cited by3 opinions
- Miller v. McLinCourt of Appeals of Kentucky · 1912
- Thrasher v. CraftCourt of Appeals of Kentucky (pre-1976) · 1932
- United States National Bank, Trustee v. MooreCourt of Appeals of Kentucky (pre-1976) · 1925