Spratt v. Allen
Court of Appeals of Kentucky
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.
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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
- Jewell v. Clark's ex'rCourt of Appeals of Kentucky · 1880
- Phalan v. Louisville Safety Vault & Trust Co.Court of Appeals of Kentucky · 1888
- Mercer v. Glass' Ex'rCourt of Appeals of Kentucky · 1889
- Meador v. MeadorCourt of Appeals of Kentucky · 1889
- Johnson v. KesslerCourt of Appeals of Kentucky · 1888
3Cited by11 opinions
- Deboe v. BrownCourt of Appeals of Kentucky (pre-1976) · 1929
- In re BakerCourt of Appeals for the Sixth Circuit · 1910
- Covington Brothers Co. v. ByrnsCourt of Appeals of Kentucky (pre-1976) · 1929
- Pinson v. MurphyCourt of Appeals of Kentucky (pre-1976) · 1927
- Lear v. LearCourt of Appeals of Kentucky (pre-1976) · 1930
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