McKean v. Brown
Court of Appeals of Kentucky
Case 30 — PETITION EQUITY — APPEAL PROM WHITLEY CIRCUIT COURT. A divorce does not bar the wife’s claim to dower in any land of which the husband was possessed during the existence of the marriage relation. (Bich v. Bich, 7 Bush, 53.) 1. “A divorce bars all claim to curtesy or dower.” The statute makes no exception.
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Case 30 — PETITION EQUITY — APPEAL PROM WHITLEY CIRCUIT COURT. A divorce does not bar the wife’s claim to dower in any land of which the husband was possessed during the existence of the marriage relation. (Bich v. Bich, 7 Bush, 53.) 1. “A divorce bars all claim to curtesy or dower.” The statute makes no exception. (General Statutes, chapter 52, article 4, section 14.) : 2. The appellant’s petition failing to allege the character of divorce, the presumption is that it was a divorce from the bonds of matrimony.
1Opinion of the Court
JUDGE PBYOB
delivered the opinion op the court.
The appellant, Elizabeth McKean, is seeking to recover dower in a tract of land owned by the appellee, Brown, alleging that on the 25th of September, 1870, she was the wife of the grantor, Hiram McKean, who was the owner in fee of the land, and after the marriage sold and conveyed it to the appellee. It is also alleged in the petition that at the death of Hiram McKean the appellant was not his wife, but had obtained a divorce from him several years prior thereto. A demurrer was sustained to the "petition, .and the appellant asks a reversal,…
2Cited by4 opinions
- Muir v. MuirCourt of Appeals of Kentucky · 1906
- Kelly v. KellyCourt of Appeals of Kentucky · 1919
- Williamson v. WilliamsonCourt of Appeals of Kentucky (pre-1976) · 1932
- Bromley v. McCallCourt of Appeals of Kentucky · 1917