Little's Guardian v. Woodward
Court of Appeals of Kentucky
Case 27 — PETITION EQUITY APPEAL FROM M’LEAN CIRCUIT COURT. 1. An infant defendant by guardian may prosecute a cross-action against the plaintiff. (Civil Code, secs. 28, 35, 36.) 2. The homestead law gives to the surviving wife and children, or the surviving husband and children, a homestead right in the homestead of the husband or wife, and the same, whether set apart or not, is exempt from distribution or sale under execution.
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Case 27 — PETITION EQUITY APPEAL FROM M’LEAN CIRCUIT COURT. 1. An infant defendant by guardian may prosecute a cross-action against the plaintiff. (Civil Code, secs. 28, 35, 36.) 2. The homestead law gives to the surviving wife and children, or the surviving husband and children, a homestead right in the homestead of the husband or wife, and the same, whether set apart or not, is exempt from distribution or sale under execution. (Gen. Stat., secs. 9,13,14,15, art. 13, chap. 38.)
1Opinion of the Court
JUDGE HINES
delivered the opinion of the court.
Agnes Little, the wife of James T. Little, died in January, 1868, seized of a tract of land in McLean County, and at that time occupied as a home for herself and family. James T. Little remained in possession of the land, in person or by tenant, until his death in 1877, when this action was instituted by T. D. Little, one of the children of Agnes and James T. *586Little, against the other children of James T. and Agnes Little, in which he sought to have a sale of the land and a division of the proceeds between the children.
One of the children, Leo…
2Cases cited1 opinion
- Eustache v. RodaquestCourt of Appeals of Kentucky · 1874
3Cited by8 opinions
- Myers' Guardian v. Myers' Adm'rCourt of Appeals of Kentucky · 1890
- Lear v. LearCourt of Appeals of Kentucky (pre-1976) · 1930
- Morrison v. BarhamCalifornia Court of Appeal · 1960
- In re SaleCourt of Appeals for the Sixth Circuit · 1906
- First Nat. Bank of Jackson v. OliverCourt of Appeals of Kentucky (pre-1976) · 1941
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