Legal Opinion

Melone v. Armstrong

Court of Appeals of Kentucky

Decided February 15, 1881PublishedCited by 5 opinions

Case 46 — EQUITY APPEAL FROM SHELBY CIRCUIT COURT. The husband was compelled to sell, and sold the land to pay purchase-money due thereon. Having sold in good faith for that purpose, the widow is not entitled to dower, although more land was sold than would pay the purdhase-money. The deed passed appellee’s dower.

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Case 46 — EQUITY APPEAL FROM SHELBY CIRCUIT COURT. The husband was compelled to sell, and sold the land to pay purchase-money due thereon. Having sold in good faith for that purpose, the widow is not entitled to dower, although more land was sold than would pay the purdhase-money. The deed passed appellee’s dower. (13 B. M., 535; 1 M. & B. Stat., 448; 3 Bush, 360; 2 Rev. Stat., chap. 24, secs. 22, 23; 16., 1 vol., art. 4, sec. 6, chap. 47, p. 26.) 1. Appellee is clearly entitled to her dower. (Rev. Stat., chap. 24, secs. 22, 23, 24.) ' 2. Appellee’s title did not pass by the certificate.…

1Opinion of the CourtChief Justice Cofer

Samuel Armstrong owned a farm containing 297 acres. He owed a balance of purchase money amounting to the sum of about $4,000, secured by a lien on the land, which he had no means of paying, except by a sale of a part or all of the land. Being thus situated, he sold the whole tract to Malone & Bonney for $5,945, the purchasers agreeing to take up the unpaid purchase-money notes. The residue of the price was paid to Armstrong, or applied by his consent to the payment of his debts, except the sum of about *2491,200, which was attached by one of his creditors, and applied under a judgment of the court…

2Cited by5 opinions

  1. Schweitzer v. WagnerCourt of Appeals of Kentucky · 1893
  2. Ratcliffe v. MasonCourt of Appeals of Kentucky · 1891
  3. Helm v. BoardCourt of Appeals of Kentucky · 1902
  4. Morgan v. WickliffeCourt of Appeals of Kentucky · 1903
  5. Morgan v. WickliffeCourt of Appeals of Kentucky · 1903

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