Pendergest v. Heekin
Court of Appeals of Kentucky
Case 67 — PETITION EQUITY — 1. Appellants are entitled to the homestead exemption. (Allensworth v, Kimbrough, 79 Ky., 332; Myers’ Guardian v. Myers’ Adm’r, 89 Ky., 442.) 2. Injunction was the proper remedy. (High on Injunctions, secs. 147-269 ; Willard on Injunctions, sees. 125, 126.) 1. An order dissolving an injunction is not a final order and can not be appealed from.
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Case 67 — PETITION EQUITY — 1. Appellants are entitled to the homestead exemption. (Allensworth v, Kimbrough, 79 Ky., 332; Myers’ Guardian v. Myers’ Adm’r, 89 Ky., 442.) 2. Injunction was the proper remedy. (High on Injunctions, secs. 147-269 ; Willard on Injunctions, sees. 125, 126.) 1. An order dissolving an injunction is not a final order and can not be appealed from. (Civil Code, secs. 296, 297; Rodman v. Eorline, 2 Met., 325.) 2. No notice was given the appellees of the application for the injunction, and the injunction was improperly issued. (Civil Code, sec. 276.) 3. The facts alleged…
1Opinion of the CourtChief Justice Bennett
John A. Pendergest died testate. By the terms of his will his wife gets all his property during life or widowhood, remainder to his son; but in case he should die before his mother, and without issue, then she gets the estate absolutely! The testator’s estate devised consisted of a house and lot in the town of Falmouth, not worth exceeding one thousand* dollars. After the death of the testator the widow contracted some debts to the appellees Heekin & Hill, upon which they obtained judgment in the Pendleton Circuit Court. Executions were obtained thereon, and levied upon the house and lot…
2Cases cited1 opinion
- Myers' Guardian v. Myers' Adm'rCourt of Appeals of Kentucky · 1890
3Cited by21 opinions
- Hall V, HallSupreme Court of Alabama · 1948
- Long v. NorthupSupreme Court of Iowa · 1938
- Swisher v. SwisherSupreme Court of Iowa · 1912
- Owings v. TalbottCourt of Appeals of Kentucky (pre-1976) · 1936
- In re Estate of GuthrieSupreme Court of Iowa · 1918
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