Carroll v. Dawson
Court of Appeals of Kentucky
Case 99 — PETITION EQUITY APPEAL FROM BULLITT CIRCUIT COURT. 1. There must be an actual abandonment of the homestead by-the debtor and his family, without any intention of returning to it; and the abandonment is not consummated until the homestead’ is actually vacated by him and his. family.
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Case 99 — PETITION EQUITY APPEAL FROM BULLITT CIRCUIT COURT. 1. There must be an actual abandonment of the homestead by-the debtor and his family, without any intention of returning to it; and the abandonment is not consummated until the homestead’ is actually vacated by him and his. family. Gregory v. Oats, 92; Ky., 536; Brown v. Martin, 4 Bush, 47; Carter, Fisher & Co. v. Goodman, 11 Bush, 228. 2. The intention to remove without a completion of the act, is not a sufficient abandonment. Story on Conflict of Daiws, sec. 47; State v. Hallett, 8 Ala., 159; Talmage v. Talmage, 66 Ala., 199;…
1Opinion of the Court
JUDGE WHITE
delivered the opinion of the court:.
The appellees being creditors of appellant, Olías. Carroll, brought this action in equity to have a deed to the.-, wife, made March 22, 1894, declared void as to them, alleging that it was voluntary and fraudulent as to creditors. The answer admits that the deed was voluntary to the wife, but pleads that it was not fraudulent for the-reason that the property conveyed was. the homestead of appellant at the date of the deed. The reply denied that, the property was at the time of the deed. a. homestead, of appellant.
*738This is the sole question…
2Cases cited1 opinion
- Savings Bank v. KennedySupreme Court of Iowa · 1882