Newby v. Cox
Court of Appeals of Kentucky
Case 12 — EQUITY APPEAL FROM MADISON CIRCUIT COURT. 1. The principle is clearly established that the wife may relinquish her inchoate dower to third persons in the manner prescribed by the statute, but a relinquishment directly to her husband is not binding upon her. 2. A feme covert can only dispose of her interest in land in the mode fixed by the statute. Without such conformity the act is void. (Kennedy v. Ten Broeck, 11 Bush, 211; 14 Barb., 536; Wells’ Sep. Prop.
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Case 12 — EQUITY APPEAL FROM MADISON CIRCUIT COURT. 1. The principle is clearly established that the wife may relinquish her inchoate dower to third persons in the manner prescribed by the statute, but a relinquishment directly to her husband is not binding upon her. 2. A feme covert can only dispose of her interest in land in the mode fixed by the statute. Without such conformity the act is void. (Kennedy v. Ten Broeck, 11 Bush, 211; 14 Barb., 536; Wells’ Sep. Prop. Married Women, sec. 367.) There can be no doubt as to the fairness and equity of the contract between Newby and the appellant,…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
John Newby died in Madison county, the owner of a small tract of land, leaving his widow and several children surviving him. A petition was filed in the county court of that county for a division of the land between his children, and the widow asserting her claim to dower that was contested by the children, the case was transferred to the circuit court, and there disposed of by denying to the widow her claim to dower in-the premises.
The father of Mrs. Newby died, leaving two children, and they derived, by descent, a tract of land that was…
2Cases cited2 opinions
- Timberlake v. Parish'sCourt of Appeals of Kentucky · 1837
- Ryon v. Bean's administratorCourt of Appeals of Kentucky · 1859
3Cited by8 opinions
- Atkins v. AtkinsMassachusetts Supreme Judicial Court · 1907
- Franklin County v. BaileyCourt of Appeals of Kentucky (pre-1976) · 1933
- Farley v. StaceyCourt of Appeals of Kentucky · 1917
- Duncan v. JenkinsCourt of Appeals of Kentucky (pre-1976) · 1926
- Brown v. AllenCourt of Appeals of Kentucky · 1924
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