Legal Opinion

Richmond v. Harris

Court of Appeals of Kentucky

Decided December 8, 1897PublishedCited by 7 opinions

Case 63 — PETITION EQUITY APPEAL FBOW FLOYD CIRCUIT COURT. 1. It was the duty of the chancellor to allot dower for the whole estate out of the unalienated lands of which the husband died the owner and in possession.

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Case 63 — PETITION EQUITY APPEAL FBOW FLOYD CIRCUIT COURT. 1. It was the duty of the chancellor to allot dower for the whole estate out of the unalienated lands of which the husband died the owner and in possession. Scribner on Dower, voi. 2, page 638, and authorities there cited; Moran v. Conn., 3 Bush, 58; Lawsor v. Moore, 6 Dana, 471; Dembitz on Land Titles, vol. 2, page 833. 2. But) if the widow should be adjudged dower out of this land, then the covenants of warranty in appellant’s deed have been broken i and they have a right of cross action against the heirs at law* of James P. Harris.…

1Opinion of the Court

JUDGE BURNAM

delivep.ed the opinion of the court.

This suit was instituted by appellee to have dower ■ assigned to her in a tract of land to which her deceased ¡husband held title and possession, during coverture. Appel-ants answered, alleging that the title to the land in question had been conveyed by the husband of appellee by general warranty deed to his , sons, J. P. Harris, jr., and R. W. Harris, and that subsequently these vendors had sold, and by general warranty deed conveyed, the title to the land in question to them, but admitting that appellee had not united in the conveyance;…

2Cases cited1 opinion

  1. Lawson v. MortonCourt of Appeals of Kentucky · 1838

3Cited by7 opinions

  1. Longshore v. LongshoreIllinois Supreme Court · 1902
  2. Harmon v. PeerySupreme Court of Virginia · 1926
  3. Chalk v. ChalkCourt of Appeals of Kentucky (pre-1976) · 1942
  4. Wiley v. WileyCourt of Appeals of Kentucky · 1917
  5. Bartley v. Big Branch Coal Co.Court of Appeals of Kentucky · 1914

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