Moseley v. Bevins
Court of Appeals of Kentucky
Case 47 — PETITION EQUITY — APPEAL FROM DAVEISS CIRCUIT COURT. A homestead is not exempt as against a debt created before it was paid for, although it may have been purchased before the creation of the debt. (Earmers and Drovers’ Ins. Co. v. Curry, 13 Bush, 318; Jewell v. Clark’s Ex’rs, 78 Ky., 399; Dwelly v. Galbraith, 5 Ky. Law Rep,, 210; Story’s Eq. Jur., sec. 1217.) No brief in record,
1Opinion of the Court
JUDGE LEWIS
delivered the opinion of the court.
The question, in this case is whether land occupied and claimed as a homestead, but bought on credit, can be made subject to payment of a debt not existing at the time to the extent of purchase money paid after it was created.
Section 16, article 13, chapter 38, General Statutes, provides that the homestead exemption shall not apply to sales under execution, attachment or judgment, at the suit of creditors, if the debt or liability existed prior to the purchase of the land, or erection of improvements thereon.
It is manifest that determination of…
2Cases cited2 opinions
- Griffin v. Proctor's Adm'rCourt of Appeals of Kentucky · 1879
- Farmers & Drovers' Ins. v. CurryCourt of Appeals of Kentucky · 1877
3Cited by7 opinions
- Turner v. BrowningsCourt of Appeals of Kentucky · 1908
- Ratliff v. Anderson & RatliffCourt of Appeals of Kentucky · 1922
- City National Bank v. AndersonCourt of Appeals of Kentucky · 1918
- Darnell v. Smith'sCourt of Appeals of Kentucky · 1895
- Norvell v. FaulkCourt of Appeals of Kentucky (pre-1976) · 1940
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