Legal Opinion

Mitchell v. Violett

Court of Appeals of Kentucky

Decided June 4, 1898PublishedCited by 14 opinions

Case 8 — IN EQUITY APPEAL FROM CARLISLE CIRCUIT COURT. 1. At common law tenancy by the curtesy initiate became a vested estate upon the birth of issue; 2 Blackstone, 126; 2 Kent, 130; subject to be defeated, however, by divorce a vineulo.

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Case 8 — IN EQUITY APPEAL FROM CARLISLE CIRCUIT COURT. 1. At common law tenancy by the curtesy initiate became a vested estate upon the birth of issue; 2 Blackstone, 126; 2 Kent, 130; subject to be defeated, however, by divorce a vineulo. Hays v. Sanderson, 7 Bush, 489. See further, Pollock & Maitland’s History of English Law Before Edward I., vol, 2, p. 412; Coke upon Littleton, 30a; McClain v. Gregg, 2 A. K. M., 455; Murray v. Pishback, 5 B. M., 411; Smith, et ux., v. Long, 1 Met., 486. 2. The act of 1846 did not operate to change the vested character of the estate by curtesy initiate, but…

1Opinion of the Court

JUDGE PAYNTER

delivered the opinion op the oouht.

The appellant, L. S. Mitchell, and his wife, Barbara, were married in 1887. The appellee, Susie Mitchell, the issue of their marriage, was born November 24, 1889. In 1889 the land which is the subject of this controversy *79was deeded to Barbara, tbe wife of L. S. Mitchell and the mother of Susie. The mother died in June, 1895, leaving surviving her the husband and daughter. The question presented for our determination is whether the husband is entitled to a life estate in the whole tract of land as tenant by the curtesy, or to a life estate in…

2Cases cited1 opinion

  1. Rose v. RoseCourt of Appeals of Kentucky · 1898

3Cited by14 opinions

  1. McFarland v. HatchettCourt of Appeals of Kentucky · 1904
  2. Bennett v. Bennett's Admr.Court of Appeals of Kentucky · 1909
  3. Neel's v. Noland's HeirsCourt of Appeals of Kentucky · 1915
  4. Opinion of the Justices to the SenateMassachusetts Supreme Judicial Court · 1958
  5. Phillips v. FarleyCourt of Appeals of Kentucky · 1902

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