Kibbey v. Jones
Court of Appeals of Kentucky
Case 41 — PETITION EQUITY appeal from carter circuit court. CITED 5 Bush, 393, Marsh v. Alford and wife. CITED 2 Bush, 72, Lowry v. Fisher. 4 Bush, 379, Pryor, &e. v. Smith.
1Opinion of the CourtChief Justice Robertson
The appellant, as holder of a judgment against the appellee, on a note for one hundred and eighty dollars, given since the first of June, 1866, in consideration of a note executed before that date for one hundred dollars, and of a debt of eighty dollars contracted since, filed a petition in equity for subjecting a tract of land claimed as exempt from execution by the provisions of the homestead act. The circuit court sustained a demurrer to the petition, and thereupon dismissed it.
The only possible objection to the sufficiency of the allegations is the incorporation into the last note of a…
2Cited by4 opinions
- Gage v. NeblettTexas Supreme Court · 1882
- First Nat. Bank, Etc. v. WilliamsonCourt of Appeals of Kentucky (pre-1976) · 1938
- Bright v. First National BankCourt of Appeals of Kentucky · 1899
- Kinser v. RobertsonCourt of Appeals of Kentucky · 1876