Green & Sons v. Pennington
Court of Appeals of Kentucky
Case 114. — ACTION BY GREEN & SONS AGAINST A. PENNINGTON TO SUBJECT PROPERTY CLAIMED AS A HOMESTEAD TO THE PAYMENT OF THEIR DEBT.— Appeal from Rockcastle Circuit Court. M. L. Jarvis, Circuit Judge. Judgment for defendant.
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Case 114. — ACTION BY GREEN & SONS AGAINST A. PENNINGTON TO SUBJECT PROPERTY CLAIMED AS A HOMESTEAD TO THE PAYMENT OF THEIR DEBT.— Appeal from Rockcastle Circuit Court. M. L. Jarvis, Circuit Judge. Judgment for defendant. Plaintiff appeals. 1. Is any part of tbe dwelling house and lot, excluding the store house and lot on which it stands, subject to appellants debt? 2. Property must be actually occupied'as a residence. 3. The homestead does not include a storehouse.- 4. The policy and spirit of tbe Homestead law is to secure a home, but not of a certain monetary value. AUTHORITIES CITED.…
1Opinion of the Court
Opinion by
Judge Barker
Affirming.
Tbe appellee, A. Pennington, owned a small farm in Rockcastle Bounty, Ky., wbicb be used and occupied as a homestead. Tbis be sold, realizing .about *839$700, ‘with which he purchased a lot in Mount Vernon, Ky., and erected thereon a small storehouse which he at first used as a dwelling, but having built on the same lot a dwelling house, used the first structure as a storehouse in which he carried on a small retail merchandising establishment. Failing as a merchant, he rented out the storehouse to others, who used it in merchandising. The appellants, who are his…
2Cases cited7 opinions
- Trustees Church Home v. MorrisCourt of Appeals of Kentucky · 1896
- Lear v. TottenCourt of Appeals of Kentucky · 1878
- Hansford v. HoldamCourt of Appeals of Kentucky · 1878
- Franks v. LucasCourt of Appeals of Kentucky · 1878
- Mason v. Columbia Finance & Trust Co.Court of Appeals of Kentucky · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In re BakerCourt of Appeals for the Sixth Circuit · 1910
- Covington Brothers Co. v. ByrnsCourt of Appeals of Kentucky (pre-1976) · 1929
- Farmers & Traders Bank v. ChildersCourt of Appeals of Kentucky · 1912
- Smith v. Fourth Street BankCourt of Appeals of Kentucky · 1917
- Robinson, Norton & Co. v. BurnettCourt of Appeals of Kentucky · 1917
1 more not listed; retrieve them via the Exa API.