Loyd v. Loyd
Court of Appeals of Kentucky
Case 83 — HOMESTEAD APPEAL FROM DAVIESS CIRCUIT COURT. 'The court below erred in refusing to-appellants a homestead in their father’s land upon the ground that their mother was dead. (Gen. Stat., chapter 38, article 13, section 14.) The homestead act had for its sole object’ the protection of poor debtors and tln-ir families. As between the heirs themselves, it is wholly inoperative.
1Opinion of the Court
JUDGE LEWIS
delivered the opinion of the court.
This is an action by Jarrett and Jasper Loyd, unmarried infant children of Jarrett Loyd deceased, who sue by their statutory guardian to have set apart to them a homestead out of a tract of land of which their father died the owner.
It is alleged in the petition that their father died in 1875 intestate leaving eight children, but no widow, .•surviving him, all of whom were of full age except the *522plaintiffs ; that at the time he died he was a bona fidehousekeeper with a family, owning and occupying a tract of land containing about two hundred acres,…
2Cases cited1 opinion
- Gasaway v. WoodsCourt of Appeals of Kentucky · 1872
3Cited by3 opinions
- Jenkins v. McVawCourt of Appeals of Kentucky · 1911
- Paslick v. ShayCourt of Appeals of Kentucky · 1912
- Higginbotham v. MeadowsCourt of Appeals of Kentucky · 1885