Robinson v. Smithey
Court of Appeals of Kentucky
Case 115 — EQUITY APPEAL PROM MERCER CIRCUIT COURT. 1. By the terms of the conveyance appellant holds an estate for life in the land, with remainder to her children. :2. Her right to a homestead as against her creditors can hardly be questioned. In many of the states of this union a homestead is given in an estate for years only. Having a freehold estate, her right is fixed by the statute.
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Case 115 — EQUITY APPEAL PROM MERCER CIRCUIT COURT. 1. By the terms of the conveyance appellant holds an estate for life in the land, with remainder to her children. :2. Her right to a homestead as against her creditors can hardly be questioned. In many of the states of this union a homestead is given in an estate for years only. Having a freehold estate, her right is fixed by the statute. (Gen. Stat., chap. 38, art. 13, sec. 9; 13 Iowa, 53; 33 Miss., 462; 25 111., 610; 6 Allen, 428; Mich. Stat., chap. 132; N. H. Comp, Stat., chap. 196; Ohio Bev. Stat., 1145; Wis. Stát., chap. 134, ■sec. 23;…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion op the court.
We find nothing in the cross-petition of Smithey, who-claims to have purchased under the various executions, against W. C. Robinson and his mother, Mary Robinson, in which he seeks to oust the widow of the possession. In-fact, this pleading does not state facts authorizing such a recovery, and it is difficult to tell what relief the appellant is claiming. If he has purchased and obtained his deed, or shows that in equity he is invested with such a title as entitled him to the possession, and asks such relief, then the chancellor may give it to…
2Cited by10 opinions
- Pilcher v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1888
- Todd's v. First National BankCourt of Appeals of Kentucky · 1917
- Brooks v. GoodwinSupreme Court of Arkansas · 1916
- Merrifield v. Merrifield's AssigneeCourt of Appeals of Kentucky · 1885
- Culton v. NapierCourt of Appeals of Kentucky (pre-1976) · 1932
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