Bankston v. Crabtree Coal Mining Co.
Court of Appeals of Kentucky
Cask 71) -PETITION ORDINARY TRANSFERRED TO EQUITY— APPEAL PROM HOPKINS CIRCUIT COURT. 1. Mrs. Roden did not “join with her husband in the conveyance of her land,” nor did she acknowledge any such conveyance, but expressly limits the instrument she signed with her husband to the release of dower. For thisTeason and the further reason that Mrs. Roden was under twenty-one years of age when she signed the deed with her husband, Roden, the three years statute does not apply.
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Cask 71) -PETITION ORDINARY TRANSFERRED TO EQUITY— APPEAL PROM HOPKINS CIRCUIT COURT. 1. Mrs. Roden did not “join with her husband in the conveyance of her land,” nor did she acknowledge any such conveyance, but expressly limits the instrument she signed with her husband to the release of dower. For thisTeason and the further reason that Mrs. Roden was under twenty-one years of age when she signed the deed with her husband, Roden, the three years statute does not apply. (Gen. Stats., chap. 71, art. 1, sec. 6; Hatcher & wife v. Andrews, 5 Bush, 561; Hedger v. Ward, 15 B. M., 116.) _2. A…
1Opinion of the Court
JUDGE HAZELKIGG
delivered the opistion oe the court.
On April 13, 1871, Jamos H. Roden conveyed the land in controversy »in this case to Geo. W. Woodruff, who took immediate possession, and under whom the appellee now asserts title.
The wife of Roden, however, was the real owner of the land, and was in fact paid the purchase money. She did not join in the deed save that in the attesting clause we find this language : “ In testimony whereof, the said James II. Roden, together with Helen C. Roden, his wife, who hereby relinquishes all right to dower in and to the land conveyed in this deed, have…
2Cases cited2 opinions
- Miller v. ShacklefordCourt of Appeals of Kentucky · 1835
- Johnson v. SweatCourt of Appeals of Kentucky · 1883
3Cited by9 opinions
- Cordano v. WrightCalifornia Supreme Court · 1911
- Pond Creek Coal Co. v. HatfieldCourt of Appeals for the Sixth Circuit · 1917
- Campbell v. WhismanCourt of Appeals of Kentucky · 1919
- Rose v. WareCourt of Appeals of Kentucky · 1903
- Big Sandy Co. v. RameyCourt of Appeals of Kentucky · 1915
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