Legal Opinion

Spratt v. Allen

Court of Appeals of Kentucky

Decided March 21, 1899PublishedCited by 11 opinions

Case 30 — HOMESTEAD— APPEAL from bath CIRCUIT COURT. 1. The court erred lin refusing to 'adjudge that the appellant was entitled to a homestead in the land descended from his mother. Dwelly v. Galbraith, &c., 5 Ky. Law Rep., 209; Jewell v. Clarke, 78 Ky., 388; Miller v. Bennett, 11 Ky. Law Rep., 391; Meador v. Meador, 10 Ky. Law Rep., 784. 2. The appellant was not entitled to a homestead in the land of his wife while the latter was yet living. Summers v. Sprigg,, 18 Ky.

Read the full summary

Case 30 — HOMESTEAD— APPEAL from bath CIRCUIT COURT. 1. The court erred lin refusing to 'adjudge that the appellant was entitled to a homestead in the land descended from his mother. Dwelly v. Galbraith, &c., 5 Ky. Law Rep., 209; Jewell v. Clarke, 78 Ky., 388; Miller v. Bennett, 11 Ky. Law Rep., 391; Meador v. Meador, 10 Ky. Law Rep., 784. 2. The appellant was not entitled to a homestead in the land of his wife while the latter was yet living. Summers v. Sprigg,, 18 Ky. Law Rep., 206. 3. The appellee failed to show a legal title to the land. The levy of the execution created a mere lien. Ky.…

1Opinion of the Court

JUDGE PAYNTER

delivered ti-ie opinion of the court.

The appellant, Spratt, is a son of Mary A. Spratt, who died March 10,1896, seized and possessed of a tract of land containing 105 acres, near Sharpsburg, and he inherited from his mother one-twelfth of it. At the time of her death he was living on a tract of land owned by his wife, and on April 1st following he moved with her upon the 105-acre tract, and lived in the house formerly occupied by his mother, until the tract was partitioned, which occurred in the course of a few months, and there was assigned to him 11 acres. He built a house upon…

2Cases cited5 opinions

  1. Jewell v. Clark's ex'rCourt of Appeals of Kentucky · 1880
  2. Phalan v. Louisville Safety Vault & Trust Co.Court of Appeals of Kentucky · 1888
  3. Mercer v. Glass' Ex'rCourt of Appeals of Kentucky · 1889
  4. Meador v. MeadorCourt of Appeals of Kentucky · 1889
  5. Johnson v. KesslerCourt of Appeals of Kentucky · 1888

3Cited by11 opinions

  1. Deboe v. BrownCourt of Appeals of Kentucky (pre-1976) · 1929
  2. In re BakerCourt of Appeals for the Sixth Circuit · 1910
  3. Covington Brothers Co. v. ByrnsCourt of Appeals of Kentucky (pre-1976) · 1929
  4. Pinson v. MurphyCourt of Appeals of Kentucky (pre-1976) · 1927
  5. Lear v. LearCourt of Appeals of Kentucky (pre-1976) · 1930

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API