Toombs v. Stone
Court of Appeals of Kentucky
CASE 43 — PETITION EQUITY — ACTEAL FROM SHELBY CIRCUIT COURT. Judgment in equity having been rendered, subjecting the rent of land and hires of a slave, embraced in the deed mentioned in the opinion, for debts, evidenced by writing, executed by the husband and wife, alleged to be for necessaries furnished for the use of themselves and family, this appeal is prosecuted therefrom. cited Rev. Stat., sec. 17, art. 4, chap. 47, page, 395; 18 B. Mon., 305; Clancy on Rights, 263-4,…
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CASE 43 — PETITION EQUITY — ACTEAL FROM SHELBY CIRCUIT COURT. Judgment in equity having been rendered, subjecting the rent of land and hires of a slave, embraced in the deed mentioned in the opinion, for debts, evidenced by writing, executed by the husband and wife, alleged to be for necessaries furnished for the use of themselves and family, this appeal is prosecuted therefrom. cited Rev. Stat., sec. 17, art. 4, chap. 47, page, 395; 18 B. Mon., 305; Clancy on Rights, 263-4, 262, 268, 269; lb., chap. 2, book 3; 5 B. Mon., 113; 13 lb., 383; 14 lb., 247; 12 lb., 329; 15 lb., 82; lb., 327; 16…
1Opinion of the CourtChief Justice Simpson
delivered the oktnion op the court:
The first question that arises in this case relates to the nature of the estate which the wife owns in the land and slaves conveyed to William Montgomery, in trust for her use and benefit. If it be a separate estate, as distinguished from that estate which the wife acquires in lands descended, and in slaves by way of distribution, or by a conveyance to her in general terms, then, under the provisions of the Revised Statutes, she had no power to charge or incumber it in any manner; and as the deed does not confer such a power, the case is not embraced by the…
2Cited by55 opinions
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- Dulligan v. Barber Asphalt Paving Co.Massachusetts Supreme Judicial Court · 1909
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