Henry v. Brown
Court of Appeals of Kentucky
Case 4 — PETITION ORDINARY TRANSFERRED TO EQUITY— APPEAL PROM LARUE CIRCUIT COURT. 1. A life-tenant who improves the property, knowing he has only a life estate therein, takes the risks; but where the life-tenant acted under a mistake as to his title, and on the advice of counsel, the rule should be different. 2. The rule is well settled in this State that a brma fide occupant of land, who improves it believing it to be his own, shall be compensated for the enhancement in…
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Case 4 — PETITION ORDINARY TRANSFERRED TO EQUITY— APPEAL PROM LARUE CIRCUIT COURT. 1. A life-tenant who improves the property, knowing he has only a life estate therein, takes the risks; but where the life-tenant acted under a mistake as to his title, and on the advice of counsel, the rule should be different. 2. The rule is well settled in this State that a brma fide occupant of land, who improves it believing it to be his own, shall be compensated for the enhancement in value of the land by his expenditures. tBarlow v. Bell, 1 A. K. Mar., 246; Bell v. Barnett, 2 J. J. M., 520; Taylor v.…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OE THE COURT.
Mary M. Henry died in 1879 intestate leaving ber husband. Thos. Henry and Mary'T. Henry, their only child, who; however, died in 1880, being then less than two years old. Thos. Henry having again married, died in 1893, leaving Abie, his widow, and three children by her, Luther, Amelia and Stella Henry.
Appellees, Lidia E. Brown and others, mother, brothers and sisters of Mary M. Henry, brought this action, after the death of Thos. Henry, against Abie Henry, his widow, and three children mentioned, to recover a tract of land containing about…
2Cited by10 opinions
- Larmon v. LarmonCourt of Appeals of Kentucky · 1917
- Lindenberger v. CornellCourt of Appeals of Kentucky · 1921
- Bennett Jellico Coal Co. v. East Jellico Coal Co.Court of Appeals of Kentucky · 1913
- Holmes v. LaneCourt of Appeals of Kentucky · 1909
- Shutt's Admr. v. Shutt's Admr.Court of Appeals of Kentucky · 1921
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