Connolly v. Branstler
This text of 66 Ky. 702 (Connolly v. Branstler) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
.delivered the opinion of the court:
At a decretal sale of a house and lot in Southland, Kentucky, for the benefit of the creditors of William Gordon, the first husband of the appellant, Mary Ann Connolly, she, for the purpose of facilitating an advantageous sale, authorized the salesman to announce, as he did, to the attending crowd, that she would not claim dower against any person who should become the purchaser. After that announcement, and on the faith of it, the property was well sold, and finally conveyed to the appellee. Some years afterwards, her second hus[703]*703band and herself brought this suit in equity for obtaining dower; and now complain of the dismission of their petition.
The judgment was right.
Although her declaration to the bidders did not legally alienate her dower, yet the sale being made on the faith of it, she is equitably estopped from asserting dower against the purchaser; for the disability of coverture could not exonerate her from fraud.
Wherefore, the judgment is affirmed- u v
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
66 Ky. 702, 3 Bush 702, 1868 Ky. LEXIS 62, Counsel Stack Legal Research, https://law.counselstack.com/opinion/connolly-v-branstler-kyctapp-1868.