Morrow v. Bailey
Court of Appeals of Kentucky
Case 54 — Action to Prevent Execution of a ‘Writ of Possession— APPEAL FROM WEBSTER CIRCUIT COURT. Judgment por Defendant and Plaintiffs Appeal. The appellants contend: 1. That under sections 6 and 7, Art. 2, Ch. 52, Gen. Stats., (sec. 2128, Ky.
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Case 54 — Action to Prevent Execution of a ‘Writ of Possession— APPEAL FROM WEBSTER CIRCUIT COURT. Judgment por Defendant and Plaintiffs Appeal. The appellants contend: 1. That under sections 6 and 7, Art. 2, Ch. 52, Gen. Stats., (sec. 2128, Ky. Stats.) the husband is not a necessary party to this action. 78 Ky., 553. 2. That the appellant, Ruth Morrow, owning a life estate in the premises, and being interested in the homestead, can maintain this action, tlie property not being subject to execution ior her husband’s debts, and the wife can assert the homestead exemption even though the…
1Opinion of the Court
Opinion of the cpuET by
JUDGE HOBSON
Reversing.
Sam Morrow, on October 11, 1884, bought of J. W. Givens i% acres of land, for which he agreed to pay him $237.50, and Givens made him a deed, retaining a lien, for-the purchase money. Morrow at once erected a cabin on the land, and moved into it with his family. In the years 1S85, 1880 and 18S7 he raised crops of tobacco, the proceeds of which were paid Givens on the land. About the year 1891 he sold off to four other parties nearly 3% acres of the land, and they paid the purchase money to Givens. This left about acres, which he still owned free of…
2Cases cited1 opinion
- Reed v. ReedCourt of Appeals of Kentucky · 1891
3Cited by11 opinions
- Louisville Ry. Co. v. Johnson's Admr.Court of Appeals of Kentucky · 1909
- Cromeenes v. San Pedro, Los Angeles & Salt Lake RailroadUtah Supreme Court · 1910
- Howard v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1928
- Louisville & Nashville Railroad v. SinclairCourt of Appeals of Kentucky · 1916
- Berger v. BergerCourt of Appeals of Kentucky (pre-1976) · 1936
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