Curtis v. Helton
Court of Appeals of Kentucky
Case 72 — Action to Recover Land APPEAL FROM MONTGOMERY CIRCUIT COURT. Judgment eor Plaintiff and Defendant Appeals. It is conceded that the land sold was occupied by appellant and his family as a homestead,, and was worth less than $1,000, and was bought after the creation of appellee’s debt, and was paid for with a check for pension money, which check had not been cashed.
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Case 72 — Action to Recover Land APPEAL FROM MONTGOMERY CIRCUIT COURT. Judgment eor Plaintiff and Defendant Appeals. It is conceded that the land sold was occupied by appellant and his family as a homestead,, and was worth less than $1,000, and was bought after the creation of appellee’s debt, and was paid for with a check for pension money, which check had not been cashed. If a person can exchange one homestead for another, or if he can sell and re-invest, then why not take any money or property he has that is not subject to the debt, and invest it in a home? Ky. Stats., sec. 1702; Brane v.…
1Opinion of the Court
Opinion op the coukt by
JUDGE GUFFY
Affirming.
Certain creditor® of the appellant, Curtis, obtained judgments and caused execution® to issue thereon, which were levied on 20 acre®’ of land a.s the property of said Curtis, and the same was purchased by the appellee under sale made by virtue of said execution; and afterwards instituted the proceeding to obtain possession of said land. The appellant made defense by answer; the substance of which is that he is a tona fide housekeeper, with a family, and was residing upon, said land at the time the judgments were rendered and sale made, and that said…
2Cases cited8 opinions
- Hargis v. Sewell's AdministratorCourt of Appeals of Kentucky · 1888
- Pribble v. HallCourt of Appeals of Kentucky · 1877
- Brame v. CraigCourt of Appeals of Kentucky · 1876
- Lear v. TottenCourt of Appeals of Kentucky · 1878
- Robion v. WalkerCourt of Appeals of Kentucky · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hudspeth v. HarrisonCourt of Appeals of Kentucky · 1884
- Joyce v. RussellWisconsin Supreme Court · 1909
- Nicholson's Trustee v. NicholsonCourt of Appeals of Kentucky · 1907