Hogg v. Hensley
Court of Appeals of Kentucky
Case 98 — PETITION EQUITY APPEAL PROM OWSLEY CIRCUIT COURT. 1. By an agreed judgment in the record it is shown that appellee, Lucinda Hensley, received from appellant $118.15 for her dower interest, and that same was paid and a deed made therefor under order of the court. Therefore, this suit should have been, dismissed. 2. In no event should the court fix the value of the dower and allow it in a gross sum, except by agreement of parties.
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Case 98 — PETITION EQUITY APPEAL PROM OWSLEY CIRCUIT COURT. 1. By an agreed judgment in the record it is shown that appellee, Lucinda Hensley, received from appellant $118.15 for her dower interest, and that same was paid and a deed made therefor under order of the court. Therefore, this suit should have been, dismissed. 2. In no event should the court fix the value of the dower and allow it in a gross sum, except by agreement of parties. The land being indivisible, the rental value of the whole at the date of . sale should have been ascertained and appellee given one-third of the rents from…
1Opinion of the Court
JUDGE DuRELLE
delivered the opinion of tiie court.
Tbe appellee, Lucinda Hensley, as widow of H. P. Hensley, who was owner in fee simple of certain lots described in the petition, brought suit for her dower therein. These lots were sold during the life of her hus*721band to satisfy a judgment against Mm, and appellant became the purchaser. Appellant has improved the property, and it is conceded by appellee that the value of her dower should be computed as of the date of the sale. The property was sold in 1866; Mr. Hensley died in 1879, and this suit was filed in 1883. The present appeal was not…
2Cases cited4 opinions
- Pepper v. ThomasCourt of Appeals of Kentucky · 1887
- Fritz v. TudorCourt of Appeals of Kentucky · 1866
- Rich v. RichCourt of Appeals of Kentucky · 1869
- Smith's Heirs v. SmithCourt of Appeals of Kentucky · 1837
3Cited by5 opinions
- Dorothy Jane Dougherty and Louis F. Baldwin, Executors of the Estate of Allen P. Jackson v. United StatesCourt of Appeals for the Sixth Circuit · 1961
- Kentucky River Consolidated Coal Co. v. FrazierCourt of Appeals of Kentucky · 1914
- McClain v. McClainCourt of Appeals of Kentucky · 1913
- Bartlett v. Buckner's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1936
- Bradley v. EllingsworthCourt of Appeals of Kentucky · 1924