Buckler v. Brown
Court of Appeals of Kentucky
Case 7 — PETITION EQUITY 1. The value of the wife’s tract adjoining that of the deceased husband should have been considered in laying off homestead out of his land, as she was entitled to homestead carved in part out of her own land and in part, out of his.
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Case 7 — PETITION EQUITY 1. The value of the wife’s tract adjoining that of the deceased husband should have been considered in laying off homestead out of his land, as she was entitled to homestead carved in part out of her own land and in part, out of his. Mills v. Hall, 12 Bush, 105; Lowell v. Shannon. 60 Iowa, 713. 1. The widow and children of the deceased were entitled to homestead in his land without taking into account the value of the' wife’s adjacent house and lot; and if the widow is not entitled to have the full one thousand dollar homestead, allotted to her out of the lands of the…
1Opinion of the Court
CHIEF-JUSTICE LEWIS
delivered the opinion op the court:
James Brown having died the owner and in possession of a tract of land containing about 27 acres, an action was instituted by appellant, a creditor, to settle his estate, which ■was insolvent, and for sale of the land to pay debts against it; and this is an appeal from so much of the judgment rendered as directs an allotment of a homestead in the landl not exceeding in value fl,000 to appellees, the widow and infant children.
It appears that Mary J. Brown, the widow, owned a parcel of land, containing about 1 acre, adjoining the tract of…
2Cases cited2 opinions
- Lowell v. ShannonSupreme Court of Iowa · 1883
- Mason v. Columbia Finance & Trust Co.Court of Appeals of Kentucky · 1896
3Cited by4 opinions
- Covington Brothers Co. v. ByrnsCourt of Appeals of Kentucky (pre-1976) · 1929
- Green & Sons v. PenningtonCourt of Appeals of Kentucky · 1906
- Mote v. KleenNebraska Supreme Court · 1909
- Taylor v. SheltonCourt of Appeals of Kentucky (pre-1976) · 1929