Nall v. Miller
Court of Appeals of Kentucky
Case 78 — PETITION EQUITY APPEAL PROM MABION CIRCUIT COURT. 1. J. M. Miller, by his marriage with Eliza J. Ray, took a freehold interest in her lands, both by common and statute law. . Whether that freehold would continue to him longer than her life depended, of course, upon the birth of a child.
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Case 78 — PETITION EQUITY APPEAL PROM MABION CIRCUIT COURT. 1. J. M. Miller, by his marriage with Eliza J. Ray, took a freehold interest in her lands, both by common and statute law. . Whether that freehold would continue to him longer than her life depended, of course, upon the birth of a child. (Schouler on Domestic Relations, p. 142; Gen. Stats., p. 721.) 2. The husband had the right to manage and control the wife’s farm affairs and was entitled to all the profits he could make, rent free. Marriage in Kentucky is something more than a mere statutory union. (Maguire v. Maguire, 7 Dana,…
1Opinion of the Court
JUDGE LEWIS
DELIVERED TIIE OPINION OP THE COURT.
July, 1864, J. M. Miller, having two children, underage, married Eliza J. Ray, who had none. And soon after he removed to her farm of one hundred and fifty-acres, former homestead of her father, where they continued to reside until she died, in 1890, there being no-issue of their marriage.
The controversy in this case is between him and -her heirs at law about certain demands he makes against her estate, and an alleged contract with her he seeks to have enforced.
The account filed by him, running from 1865 to 1885, is for improvements and repairs…
2Cited by11 opinions
- Lindenberger v. CornellCourt of Appeals of Kentucky · 1921
- Holmes v. LaneCourt of Appeals of Kentucky · 1909
- Ketterer v. NelsonCourt of Appeals of Kentucky · 1911
- Bean v. BeanCourt of Appeals of Kentucky · 1915
- Lombardi v. LombardiNevada Supreme Court · 1921
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