Legal Opinion

McDowell v. Grubbs

Court of Appeals of Kentucky

Decided November 18, 1903PublishedCited by 2 opinions

Case S3 — Action by V?. E. Grubbs against S'. P. McDowell, 'Sheriff, for an injunction to prevent the sale of his homestead under an execution levy. — APPEAL FROM BOYLE CIRCUIT COURT.

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Case S3 — Action by V?. E. Grubbs against S'. P. McDowell, 'Sheriff, for an injunction to prevent the sale of his homestead under an execution levy. — APPEAL FROM BOYLE CIRCUIT COURT. Judgment for -Plaintiff and Defendant Appeads. ■The sole question arising on this appeal is: In allotting homestead in land to an execution debtor, who owns only a life estate therein, shall the fee simple value of the land be estimated, and he have set apart to him as his homestead $1,000 worth of the land, including the' dwelling house and appurtenances, or shall the value of the life estate only be estimated,…

1Opinion of the Court

Opinion of ti-ie court by

JUDGE NUNN

Reversing.,

The appellant as sheriff of Boyle county, having had placed in his hands an execution against the estate of the appellee, «Grubbs, issued from the Boyle circuit court upon a judgment rendered in favor of Nanny Pence- against appellee1, the sheriff levied this execution upon appellee’s life estate in a tract of land lying in Boyle county, containing about thirty acres, subject to the homestead right of appellee in this property. Appellant caused to he appraised and set aside to appellee, Grubbs, a portion of this land, including the dwelling-house…

2Cases cited2 opinions

  1. Franks v. LucasCourt of Appeals of Kentucky · 1878
  2. Robinson v. SmitheyCourt of Appeals of Kentucky · 1883

3Cited by2 opinions

  1. Todd's v. First National BankCourt of Appeals of Kentucky · 1917
  2. Wilson v. DevasherCourt of Appeals of Kentucky · 1924

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