Cornelison v. Foushee
Court of Appeals of Kentucky
Case 43 — PETITION EQUITY X. Only the remainder interest of the husband in the property,, subject to the wife’s life estate, was sold under the execution, and no interest of the wife was attempted to he sold.
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Case 43 — PETITION EQUITY X. Only the remainder interest of the husband in the property,, subject to the wife’s life estate, was sold under the execution, and no interest of the wife was attempted to he sold. This suit is nothing more or less than a suit brought hy the husband in the name of the wife to recover property of the husband so that he may through the wife join her in a sale to get the money and defeat the payment of his debts. 1. The case was not prematurely placed on the trial docket. The date when the answer should have been filed is to be computed from the service of the…
1Opinion of the Court
JUDGE DuRELLE
delivered the opinion of the court.
The appellees in this case brought suit to quiet the title of Anna B. Foushee to a lot of land in Lexington, described by metes and bounds, alleging that the appellant, having recovered judgment against her husband, C. W. Foushee, Jr., in the Fayette Circuit Court, had execution issued thereon and levied hy the sheriff upon the remainder interest of her husband, caused the sheriff to sell his alleged interest, and bought the same at $595 90, the amount of his execution *259debt, interest and costs, and her husband having failed to pay the debt or to…
2Cases cited3 opinions
- Whipple v. EarickCourt of Appeals of Kentucky · 1892
- Herr v. MartinCourt of Appeals of Kentucky · 1890
- Packard v. Beaver Valley Land & Mining Co.Court of Appeals of Kentucky · 1894
3Cited by5 opinions
- Fox v. CornettCourt of Appeals of Kentucky · 1906
- Engle v. Bond Foley Lumber Co.Court of Appeals of Kentucky · 1916
- Schoening v. MinerHawaii Supreme Court · 1914
- Eversole v. Virginia Iron, Coal & Coke Co.Court of Appeals of Kentucky · 1906
- Hopper v. McBurneyCourt of Appeals of Kentucky (pre-1976) · 1943