Legal Opinion

Roberts v. Riggs

Court of Appeals of Kentucky

Decided September 21, 1886PublishedCited by 4 opinions

Case 36 — PETITION EQUITY APPEAL FROM CAMPBELL CHANCERY COURT. 1. The petition should have alleged that the improvement was necessary for the comfort or shelter of the wife or her family.

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Case 36 — PETITION EQUITY APPEAL FROM CAMPBELL CHANCERY COURT. 1. The petition should have alleged that the improvement was necessary for the comfort or shelter of the wife or her family. (Gen. Stats., chap. 52, art. 2, see. 2; Pell v. Cole, 2 Met., 252; Harris v. Dale & Co., 5 Bush, 61; Gatewood v. Bryan, 7 Bush, 509.) 2. The defendants’ claim to a homestead is superior to the mechanic’s-lien claimed by plaintiffs, the original improvements having been erected prior to the creation of plaintiff’s debt. (Gen. Stats., chap. 38, art. 13, sec. 16.) 3. The plaintiff’s reply, which was filed in…

1Opinion of the Court

CHIEE JUSTICE PRYOR

delivered the opinion of the court.

We infer from the pleadings and contract in this, case that the lot in controversy belonged to the wife; if so, the petition is fatally defective in not alleging that the improvement on the property was. necessary for the comfort of the wife and her family, as the feme by an express statutory provision can not bind her general estate in any other way. There is neither allegation nor proof on the subject.. The case of Pell v. Cole, 2 Met., 252, is directly in point, where this court held it was necessary to-allege that the addition to the…

2Cases cited1 opinion

  1. Pell v. ColeCourt of Appeals of Kentucky · 1859

3Cited by4 opinions

  1. Luigart v. Lexington Turf ClubCourt of Appeals of Kentucky · 1908
  2. Davis v. LowOregon Supreme Court · 1913
  3. Graham v. HummCourt of Appeals of Kentucky · 1921
  4. In re LyonDistrict Court, E.D. Kentucky · 1929

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