Cincinnati Leaf Tobacco Warehouse Co. v. Thompson
Court of Appeals of Kentucky
Case 78 — ALLOTMENT OF HOMESTEAD 1. Where the claimant of the homestead has resided away from the property claimed as a homestead for a period of five years and actively engaged in other business than farming, having rented the homestead from year to year, and having registered and voted in the precinct he lived in and not in that of the homestead, the law presumes an abandonment of the homestead; and especially so where the debt sought to be collected from the sale of the…
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Case 78 — ALLOTMENT OF HOMESTEAD 1. Where the claimant of the homestead has resided away from the property claimed as a homestead for a period of five years and actively engaged in other business than farming, having rented the homestead from year to year, and having registered and voted in the precinct he lived in and not in that of the homestead, the law presumes an abandonment of the homestead; and especially so where the debt sought to be collected from the sale of the land was contracted while he was away from the homestead and before the debtor had shown a present and actual intention…
1Opinion of the Court
JUDGE WHITE
delivered the opinion of the court.
In 1895, appellee, T. L. Thompson, being insolvent, assigned all his estate, real and personal, for the benefit of his creditors,, reserving to himself all the property exempt to him as a housekeeper with a family. The Harrison County Court, at the September term, 1895, appointed three persons to allot to appellee his exemptions, including homestead in a farm near Cynthiana, containing about 250 acres. These commissioners allotted "to appellee, Thompson, 26.1 acres, including the dwelling house and barn. To this report, appellant, a creditor of…
2Cases cited1 opinion
- Lawrence v. CockeTennessee Supreme Court · 1847
3Cited by8 opinions
- City National Bank v. JohnsonSupreme Court of Arkansas · 1936
- Harris v. RaySupreme Court of Arkansas · 1913
- Tyler's v. WilliamsonCourt of Appeals of Kentucky (pre-1976) · 1931
- Farmers & Traders Bank v. ChildersCourt of Appeals of Kentucky · 1912
- Peoples State Bank v. HillSupreme Court of Kansas · 1928
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