Irwin v. Irwin
Court of Appeals of Kentucky
Case 6 — DIVORCE AND ALIMONY APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. The evidence shows that the wife was guilty of such misconduct'as to deprive her of any right to alimony. The proof shows conclusively that Mrs. Irwin was guilty of such conduct as precluded her in a .court of equity from recovering any alimony.
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Case 6 — DIVORCE AND ALIMONY APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. The evidence shows that the wife was guilty of such misconduct'as to deprive her of any right to alimony. The proof shows conclusively that Mrs. Irwin was guilty of such conduct as precluded her in a .court of equity from recovering any alimony. The court should not have allowed alimony, but should have restored to the husband the real estate acquired by the wife on account of the' marriage relation. Citations: Bibb v. Miller, 11 Bush, 306; Civil Code, sec. 425; Ky. Stats., sec. 2121; CiviL Code of…
1Opinion of the Court
JUDGE DuRELLE
delivered the opinion of the court.
Appellee brought suit against appellant, her husband, for maintenance and support, upon the ground that he had abandoned -her without making provision for her maim *26tenance. She also alleged that she was the owner in fee, in her own right; of certain real estate on the corner of Sixth and Breckinridge streets, in Louisville, Kentucky, upon which there was a mortgage to secure an unpaid balance of $300 due on a loan to appellant by the Franklin Insurance Company, and that the mortgagee was seeking to enforce its lien. She prayed for $60 per-month…
2Cases cited4 opinions
- Martin v. RichardsonCourt of Appeals of Kentucky · 1893
- Flood v. FloodCourt of Appeals of Kentucky · 1868
- Bennett v. BennettCourt of Appeals of Kentucky · 1894
- Phillips v. PhillipsCourt of Appeals of Kentucky · 1872
3Cited by13 opinions
- Thomas v. ThomasSupreme Court of Oklahoma · 1910
- Kelly v. KellyCourt of Appeals of Kentucky · 1919
- Green v. GreenCourt of Appeals of Kentucky · 1913
- Sea v. ConradCourt of Appeals of Kentucky · 1913
- Turner v. EwaldCourt of Appeals of Kentucky (pre-1976) · 1942
8 more not listed; retrieve them via the Exa API.