Cheshire v. Payne
Court of Appeals of Kentucky
APPEAL FROM UNION CIRCUIT. The facts of the case are stated in the opinion of the court. — Rep. This suit in equity was commenced in the year 1854, by John S. Cheshire, and Ann, his wife, late Ann Pa}me, to set aside a deed executed by said Ann to her brother, William Payne, jr., upon the ground of fraud on the marital right of the husband. The deed is dated October 15th, 1844, and purports to have been acknowledged before the clerk of the county court the day following.
Read the full summary
APPEAL FROM UNION CIRCUIT. The facts of the case are stated in the opinion of the court. — Rep. This suit in equity was commenced in the year 1854, by John S. Cheshire, and Ann, his wife, late Ann Pa}me, to set aside a deed executed by said Ann to her brother, William Payne, jr., upon the ground of fraud on the marital right of the husband. The deed is dated October 15th, 1844, and purports to have been acknowledged before the clerk of the county court the day following. Ann Payne and John S. Cheshire were married on the 22d of October, 1844. This suit was commenced in 1854. The petition…
1Opinion of the Court
Judge Simpson
delivered the opinion of the Court.
John S. Cheshire and Ann Payne, were married on the 22d of October, 1844. On the 15th day of the same month, Ann Payne, by a deed duly executed and recorded, conveyed to her brother, John Payne, an undivided moiety of about two hundred and sixty acres of land, which they owned jointly, and upon which John Payne then resided. This deed was executed after the agreement to marry had been *626entered into by John S. Cheshire and Ann Payne, and after the day for their marriage had been fixed by parties.
The tract of land referred to, had been conveyed to…
2Cited by5 opinions
- Big Sandy Railway Co. v. Rice's Admr.Court of Appeals of Kentucky · 1912
- Mathias v. MartinKentucky Supreme Court · 2002
- Fannessey v. FannesseyCourt of Appeals of Kentucky · 1880
- Marsh v. BreezeCourt of Appeals of Kentucky · 1874
- Phelps v. PinkstonCourt of Appeals of Kentucky · 1878