Anderson's trustee v. Sterritt
Court of Appeals of Kentucky
CASfe 104 — EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. ‘The statute declares a bar of fifteen years. Appellee’s cause of action accrued upon the death of her first husband, who conveyed the lots. (Gossom v. Donaldson, 18 B. Mon., 241; Gen. Stat., chap. 71, sec. 9, art. 3; 5 J. L M., 15.) This suit was commenced twenty-one years after the appellee’s cause-, of action accrued. It is barred by the statute of fifteen years. A right to dower is a claim to a freehold in land.
Read the full summary
CASfe 104 — EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. ‘The statute declares a bar of fifteen years. Appellee’s cause of action accrued upon the death of her first husband, who conveyed the lots. (Gossom v. Donaldson, 18 B. Mon., 241; Gen. Stat., chap. 71, sec. 9, art. 3; 5 J. L M., 15.) This suit was commenced twenty-one years after the appellee’s cause-, of action accrued. It is barred by the statute of fifteen years. A right to dower is a claim to a freehold in land. (6 Ala., 373; 3> Cranch Ct. Cl., 394; Shields v. Botts, 5 J. J. M., 13; Ralls v. Hughes,, 1 Dana, 407.) 1. Appellants…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
The appellee, Mrs. Sterritt, and her present husband, filed this petition, asking to have dower assigned her in certain-lots of ground in the city of Louisville. Her former husband, Thomas Low, was seized in his own right of this land, in his lifetime, and during the marriage, and conveyed the same by deed to Garvin, Bell & Co., the remote vendors of the appellants. Mrs. Low, now Mrs. Sterritt, was under age-at the date of the conveyance by her husband; nor was the deed, although acknowledged by her, recorded within the time prescribed by law so…
2Cited by5 opinions
- Trimble v. Kentucky River Coal CorporationCourt of Appeals of Kentucky (pre-1976) · 1930
- Pond Creek Coal Co. v. HatfieldCourt of Appeals for the Sixth Circuit · 1917
- Williams v. WilliamsCourt of Appeals of Kentucky · 1889
- Britt v. GordonSupreme Court of Iowa · 1906
- Newsome v. ReynoldsCourt of Appeals of Kentucky (pre-1976) · 1936