Exchange & Deposit Bank v. Stone
Court of Appeals of Kentucky
Case 22 — EQUITY— APPEALS PROM BATH COMMON PLEAS COURT. 1. The 103J acre tract was owned and held by Matilda Stone and Charles. Stone by a joint deed, and upon the husband’s death the, widow, as survivor, was seized in fee-simple of the whole. Before the Bevised Statutes, a conveyance to husband and wife constituted an estate by the entirety, which neither could sever.
Read the full summary
Case 22 — EQUITY— APPEALS PROM BATH COMMON PLEAS COURT. 1. The 103J acre tract was owned and held by Matilda Stone and Charles. Stone by a joint deed, and upon the husband’s death the, widow, as survivor, was seized in fee-simple of the whole. Before the Bevised Statutes, a conveyance to husband and wife constituted an estate by the entirety, which neither could sever. (Elliott v. Nicholls, 4 Bush, 455; Bogers v. Grider, 1 Dana, 243; Babbitt v. Scroggin, 1 Duv., 274.) 2. The rule in chancery practice is, that all suits asserting liens upon the same property should he consolidated. (Davidson…
1Opinion of the Court
■JUDGE HARGIS
delivered the opinion of the-coubt.
In 1814 Valentine Stone conveyed to Charles and Matilda Stone,, jointly, a tract of land containing ioo^j acres.
*111Subsequently Charles bought several smaller tracts adjacent to it, and treated them as one farm,- and when he died in 1840 it contained 169 acres, 1 rood, and 8 poles.
By his will he devised all of his real estate to his wife, Matilda, for life, remainder in fee equally to his ten children.
One of his sons, L. M. Stone, had become the owner, by devise and bargain, of eight tenths in fee of the whole of the farm, when his* sister Jane…
2Cases cited2 opinions
- Rhoades v. BlackistonMassachusetts Supreme Judicial Court · 1871
- Parker v. MuggridgeU.S. Circuit Court for the District of New Hampshire · 1842
3Cited by9 opinions
- Reid v. Owensboro Savings Bank & Trust Co.Court of Appeals of Kentucky · 1911
- Shutt's Admr. v. Shutt's Admr.Court of Appeals of Kentucky · 1921
- Cheatham v. Tennell's AssigneeCourt of Appeals of Kentucky · 1916
- Kentucky National Bank v. Louisville Bagging Co.Court of Appeals of Kentucky · 1895
- Cin. Leaf Tob. Warehouse v. CombsCourt of Appeals of Kentucky · 1900
4 more not listed; retrieve them via the Exa API.