Bennett v. Bennett
Court of Appeals of Kentucky
Case 92 — PETITION EQUITY APPEAL PROM CAMPBELL CHANCERY COURT. 1. The court had full power to settle all property rights of the parties in any litigation subsequent to divorce. The order of restoration rendered by the court, when the divorce was granted, cuts off no equities or rights of the appellants. She lost thereby no rights which the law gives her as the former wife of the appellee.
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Case 92 — PETITION EQUITY APPEAL PROM CAMPBELL CHANCERY COURT. 1. The court had full power to settle all property rights of the parties in any litigation subsequent to divorce. The order of restoration rendered by the court, when the divorce was granted, cuts off no equities or rights of the appellants. She lost thereby no rights which the law gives her as the former wife of the appellee. (Sec. 462,'Old Code; sec. 425, New Code; ’William's v. Gooch, 3 Met., 444; Phillips v Phillips, 9 Bush, 184.) 2. The evidence fails to show that the deedUn question was executed in “consideration” of…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion oe the court.
Iii September, 1890, the appellee obtained a judgment of divorce from his wife on the ground of separation without cohabitation for five years next before the application therefor. In his petition he had sought to cancel a' deed for .a house and lot in Newport, made by him to his wife, through a trustee, in 1866, upon the ground that it had been made solely in' consideration, or by reason of marriage. This the wife, who was in possession of the property by her tenants, resisted, and in her answer alleged that the property had been bought with…
2Cases cited2 opinions
- Williams v. GoochCourt of Appeals of Kentucky · 1861
- Phillips v. PhillipsCourt of Appeals of Kentucky · 1872
3Cited by9 opinions
- Combs v. DeatonCourt of Appeals of Kentucky · 1923
- Sea v. ConradCourt of Appeals of Kentucky · 1913
- Schauberger v. Morel's AdministratorCourt of Appeals of Kentucky · 1916
- Irwin v. IrwinCourt of Appeals of Kentucky · 1899
- Eversole v. Eversole's AdministratrixCourt of Appeals of Kentucky · 1916
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