Mattingly & Co. v. Berry
Court of Appeals of Kentucky
Case 95 — PETITION EQUITY — There was an abandonment by appellee of his homestead, his conduct being.inconsistent with “a fixed purpose to return.” (Carter, Eisher & Co. v. Goodman, &c., 11 Bush, 228; Burch v. Atchison, &c., 6 Ky. Law Bep., 636; Curran v. Culf, Adm’r, 13 Ky. Law Bep., 84; Neth- ■ ercutt v. Herron, &c., 10 Ky.
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Case 95 — PETITION EQUITY — There was an abandonment by appellee of his homestead, his conduct being.inconsistent with “a fixed purpose to return.” (Carter, Eisher & Co. v. Goodman, &c., 11 Bush, 228; Burch v. Atchison, &c., 6 Ky. Law Bep., 636; Curran v. Culf, Adm’r, 13 Ky. Law Bep., 84; Neth- ■ ercutt v. Herron, &c., 10 Ky. Law Bep., 247.) The homestead right is not forfeited where there is a mere temporary removal with the intention to ret,urn at some future time and make the premises a home. (Hansford v. Holdam, 14 Bush, 210; Here-forth v. Zimmerman, 7 Ky. Law Bep., 669; Davis v.…
1Opinion of the CourtChief Justice Bennett
In tlie spring of 1886, tlie appellee purchased and built upon a lot in the town of Yelvington, which he thereafter 'occupied with his family as a homestead, until October of the same year. He then moved to Knottsville, in the same county, and there went to housekeeping, and engaged, while he lived at that place, which was* six or seven months, in collecting taxes. He says he moved to said place and there *545lived because it was nearer the center of the taxing district. He then moved from that place with his family to.the city of Owensboro, and there engaged in the business of hotel-keeping in…
2Cases cited2 opinions
- Carter, Fisher & Co. v. GoodmanCourt of Appeals of Kentucky · 1875
- Burch v. AtchisonCourt of Appeals of Kentucky · 1885
3Cited by8 opinions
- Fulton v. TeagerCourt of Appeals of Kentucky · 1919
- Brewer v. BrewerCourt of Appeals of Kentucky (pre-1976) · 1937
- Jones v. KepfordWyoming Supreme Court · 1909
- Tyler's v. WilliamsonCourt of Appeals of Kentucky (pre-1976) · 1931
- Clay's Committee v. WashingtonCourt of Appeals of Kentucky · 1919
3 more not listed; retrieve them via the Exa API.