Rose v. Rose
Court of Appeals of Kentucky
Case 7 — IN EQUITY APPEAL PROM LOGAN CIRCUIT COURT. The act of 1894, March 15, was intended by the Legislature to1 readjust marital rights, as well existing ones as those thereafter to be acquired; and is no violation of the Constitution of the United States. Constitution, see. 10 art. 1; Ky. Stats., sec, 2128; Cabell, et. al. v. Cabell’s Adrar., 1 Met., 319; Maguire v. Maguire, 7 Dana, 184; Gaines v. Gaines, 9 B. M., 308; Prichard! v. Citizens’ Bank, 28 Am.
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Case 7 — IN EQUITY APPEAL PROM LOGAN CIRCUIT COURT. The act of 1894, March 15, was intended by the Legislature to1 readjust marital rights, as well existing ones as those thereafter to be acquired; and is no violation of the Constitution of the United States. Constitution, see. 10 art. 1; Ky. Stats., sec, 2128; Cabell, et. al. v. Cabell’s Adrar., 1 Met., 319; Maguire v. Maguire, 7 Dana, 184; Gaines v. Gaines, 9 B. M., 308; Prichard! v. Citizens’ Bank, 28 Am. Dec., 132; Gen. Stat, chap. 52, sec. 6; Azbill v. Azbill, 92 Ky., 154; Carson v. Carson, 40 Miss., 349; Berthelemy v. Johnson, 3 B. M.,…
1Opinion of the Court
JUDGE DAYNTER
delivered the opinion op the court.
It appears from the petition, to which the court sustained a demurrer, that the appellant is the wife of appellee J. A. Rose; that they were married in the year 1890; that a separation has taken place, which is permanent; that they will never live together as husband and wife. It also appears from the petition that' after the marriage took place, and before the passage of the act of 1894 (sections 2127, 2128, Ky. Stat.), defining the rights of married women, the appellant by gift acquired title-to a tract of land containing 308 acres, and by…
2Cases cited10 opinions
- Westervelt v. . GreggNew York Court of Appeals · 1854
- Maguire v. MaguireCourt of Appeals of Kentucky · 1838
- Allen v. HanksSupreme Court of the United States · 1890
- Rugh v. OttenheimerOregon Supreme Court · 1877
- Gaines v. Gaines'Court of Appeals of Kentucky · 1848
5 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Harrod v. HarrodCourt of Appeals of Kentucky · 1915
- McFarland v. HatchettCourt of Appeals of Kentucky · 1904
- Bennett v. Bennett's Admr.Court of Appeals of Kentucky · 1909
- Neel's v. Noland's HeirsCourt of Appeals of Kentucky · 1915
- Ocklawaha River Farms Co. v. YoungSupreme Court of Florida · 1917
17 more not listed; retrieve them via the Exa API.