Helm v. Board
Court of Appeals of Kentucky
Case 33 — Action by Melvina Board to Recover Dower in Certain Lands Owned by her Deceased Husband. — Dec. 3. APPEAL FROM M’LEAN CIRCUIT COURT. Judgment tor Dependants and Plaintiff Appeals.
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Case 33 — Action by Melvina Board to Recover Dower in Certain Lands Owned by her Deceased Husband. — Dec. 3. APPEAL FROM M’LEAN CIRCUIT COURT. Judgment tor Dependants and Plaintiff Appeals. POINTS ARGUED AND AUTHORITIES CITED BY APPELLANT. 1. A statute will never be construed to have a retrospective operation where that construction may be avoided. 2. The wife’s interest in her husband’s land is an interest that can not be divested without her consent, either by the acts of the husband, or the act of the Legislature. Rose' v. Rose, 46 S. W., 424; Williams v. Courtney, 77 Mo., 587; Maguire v.…
1Opinion of the Court
Opinion op the court by
JUDGE O’RE'AR
— Affirming.
Appellant and her late husband, Geo. L. Helm, were married in 1848. The husband died intestate in 1897. In October, 1880, he was seised in fee simple of a tract of land then in Muhlenberg county, now McLean county, containing about 757 acres. A portion of this land (nine lots) her husband sold and conveyed (she joining in the conveyances) *292between 1850 and 1854. The remainder of the original tract her husband mortgaged to various persons and firms in 1854 and 1855. Appellant did not join in the execution of any of the mortgages. She brought this…
2Cases cited8 opinions
- Rose v. RoseCourt of Appeals of Kentucky · 1898
- Petty v. PettyCourt of Appeals of Kentucky · 1843
- Mitchell v. ViolettCourt of Appeals of Kentucky · 1898
- Phillips v. FarleyCourt of Appeals of Kentucky · 1902
- Tisdale v. RiskCourt of Appeals of Kentucky · 1870
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3Cited by4 opinions
- Neel's v. Noland's HeirsCourt of Appeals of Kentucky · 1915
- Fowler v. FowlerCourt of Appeals of Kentucky · 1910
- Chalk v. ChalkCourt of Appeals of Kentucky (pre-1976) · 1942
- Morgan v. WickliffeCourt of Appeals of Kentucky · 1903