Franks v. Lucas
Court of Appeals of Kentucky
Case 42 — PETITION EQUITY APPEAL FROM OWEN CIRCUIT COURT. The homestead law exempts so much land, including the dwelling-house and appurtenances, as shall not exceed $1,000 in value. (Gen. Stat., sec. 9, art. 13, chap. 38.) This does not limit the right to one tract or to a fee-simple title. It embraces any title or estate less than a fee-simple.
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Case 42 — PETITION EQUITY APPEAL FROM OWEN CIRCUIT COURT. The homestead law exempts so much land, including the dwelling-house and appurtenances, as shall not exceed $1,000 in value. (Gen. Stat., sec. 9, art. 13, chap. 38.) This does not limit the right to one tract or to a fee-simple title. It embraces any title or estate less than a fee-simple. (See Gardner v. Smith, &c., 10 Bush, 245.) 1. The homestead right is limited to the tract on which the actual dwelling-house is situated. (Miles, &c. v. Hall, &c., 12 Bush, 105; Jarboe, &c. v. Colvin, &c., 4 Bush, 73.) 2. When the owner of a…
1Opinion of the Court
JUDGE COEER
delivered the opinion of the court.
The debtor Franks owns a life-estate in fifty acres of land, on which is situated his dwelling, occupied by himself and family, and he owns, in fee, an adjoining tract containing thirty-three acres. The aggregate value of a fee-simple in both does not exeed $1,000.
He and his wife united in mortgaging his interest in the fifty acres to Green to secure a debt of less than $300. The appellee sought to subject the thirty-three acre tract to the payment of a debt due to him by Franks, and the circuit court having adjudged against Franks, he has…
2Cases cited2 opinions
- Miles v. HallCourt of Appeals of Kentucky · 1876
- Jarboe v. ColvinCourt of Appeals of Kentucky · 1868
3Cited by10 opinions
- Covington Brothers Co. v. ByrnsCourt of Appeals of Kentucky (pre-1976) · 1929
- Green & Sons v. PenningtonCourt of Appeals of Kentucky · 1906
- Kelley v. RamseyCourt of Appeals of Kentucky · 1917
- McDowell v. GrubbsCourt of Appeals of Kentucky · 1903
- Helton v. VanderpoolCourt of Appeals of Kentucky (pre-1976) · 1933
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