Higgins v. Higgins
Court of Appeals of Kentucky
Case 85 — 'Action by Dennis Higgins, &c. against Honora Higgins Involving the Right to a Homestead. APPEAL EROM JEEEERSON CIRCUIT COURT, CHANCERY DIVISION, NO. 1. From the Judgment Dennis Higgins and Others Appeal. 1. Our contention is, that unless Bartholomew Higgins, the owner of the land in controversy, occupied it as a homestead in his life time and at the time of his death, his widow, Honora Higgins, could have no homestead right therein. 2. The burden is ion the party…
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Case 85 — 'Action by Dennis Higgins, &c. against Honora Higgins Involving the Right to a Homestead. APPEAL EROM JEEEERSON CIRCUIT COURT, CHANCERY DIVISION, NO. 1. From the Judgment Dennis Higgins and Others Appeal. 1. Our contention is, that unless Bartholomew Higgins, the owner of the land in controversy, occupied it as a homestead in his life time and at the time of his death, his widow, Honora Higgins, could have no homestead right therein. 2. The burden is ion the party claiming the homestead to .show her right to it. Fant v. Talbot, 81 Ky., 25; Hansford V. Holdam, 14 Bush, 210.
1Opinion of the Court
Opinion oe the court by
JUDGE PAYNTER
Reversing.
Bartholomew Higgins died, leaving as his widow Honora *726Higgins and two children, Mary and Dennis. Mary is dead, and Dennis is over 21 years: of age. The question for determination on this appeal is whether the widow has a homestead or dower in a house and lot in ihe city of Louisville of which Bartholomew Higgins died seised.
The evidence tends to show that at one time after the death of her husband the widow occupied the house with the children but for how long is not disclosed. The evidence fails to show when the husband died, or where he then…
2Cases cited2 opinions
- Hansford v. HoldamCourt of Appeals of Kentucky · 1878
- Fant v. TalbotCourt of Appeals of Kentucky · 1883
3Cited by7 opinions
- Noe v. DavisCourt of Appeals of Kentucky · 1916
- Hinds v. BuckTennessee Supreme Court · 1941
- Floyd County v. WolfeSupreme Court of Iowa · 1908
- Adams v. NelsonCourt of Appeals of Kentucky (pre-1976) · 1926
- In Re KaplanUnited States Bankruptcy Court, W.D. Kentucky · 2012
2 more not listed; retrieve them via the Exa API.