Hill v. Lancaster
Court of Appeals of Kentucky
Case 52 — PETITIONS EQUITY — APPEALS PROM HARDIN CIRCUIT COURT. 1. One who lends to the occupant of a homestead money, which is applied to pay therefor, is not entitled to subject the homestead to its repayment without an antecedent agreement to that effect. (Griffin v. Proc- . tor, 14 Bush, 573.) 2. A vendor, having a homestead interest in land, may successfully assert it, although his conveyance be set aside for fraud at the suit of a creditor.
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Case 52 — PETITIONS EQUITY — APPEALS PROM HARDIN CIRCUIT COURT. 1. One who lends to the occupant of a homestead money, which is applied to pay therefor, is not entitled to subject the homestead to its repayment without an antecedent agreement to that effect. (Griffin v. Proc- . tor, 14 Bush, 573.) 2. A vendor, having a homestead interest in land, may successfully assert it, although his conveyance be set aside for fraud at the suit of a creditor. (Kuevan v. Speeker & Co., 11 Bush, 1; Lockett’s adm’r v. James” adm’r, 8 Bush; Dugan v. Massey, 6 Bush.) 3. Such a homestead right can be waived or…
1Opinion of the Court
JUDGE BENNETT
belivereb the opinion of the court.
On the 22d of December, 1874, the appellee, Lancaster, as the county judge of ITardin county, permitted the appellant, James E. Hill, to execute bond and qualify as the guardian of Susan E. and R. L. Burnett, infants. After said wards arrived at the age of twenty-one years, the appellant, James E. Hill, having failed to - pay them the money that he owed them as their guardian, they instituted an action against him and his sureties on his bond and recovered judgment against them for the amount due. Execution was issued upon this judgment and *340retur…
2Cases cited3 opinions
- Wing v. HaydenCourt of Appeals of Kentucky · 1874
- Snapp v. SnappCourt of Appeals of Kentucky · 1888
- McGrath v. BerryCourt of Appeals of Kentucky · 1877
3Cited by10 opinions
- Traders' National Bank v. SchorrWashington Supreme Court · 1898
- Maysville & B. S. R. R. Co. v. BallCourt of Appeals of Kentucky · 1900
- Clevenger v. FigleySupreme Court of Kansas · 1904
- Wren v. CookseyCourt of Appeals of Kentucky · 1913
- Kimbrough v. HarbettCourt of Appeals of Kentucky · 1901
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