Gross v. Leiber's Adm'r

Court of Appeals of Kentucky

Gross v. Leiber's Adm'r

10 Ky. Op. 316, 1879 Ky. LEXIS 196

DecidedJune 26, 1879

StatusPublished

This text of 10 Ky. Op. 316 (Gross v. Leiber's Adm'r) 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.

Bluebook

Gross v. Leiber's Adm'r, 10 Ky. Op. 316, 1879 Ky. LEXIS 196 (Ky. Ct. App. 1879).

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Opinion

Opinion by

Judge Cofer:

A voluntary partition between tenants in common, if free from fraud and fairly .made, will have the same effect on the rights of the wives of the co-tenants to dower as partition by legal proceedings. I Scribener on Dower 327; Davis v. Logan, 9 Dana 185. That partition by legal proceedings would confine the wife’s right to the portion set apart to her husband, .is conceded.

The husbands having agreed upon partition, and Gross having conveyed to Lieber the portion allotted to him, Mrs. Lieber’s right [317]*317to dower in the portion allotted to Gross was extinguished. As Mrs. Lieber had no right to dower in the lots embraced in her husband’s deed to Gross, her failure to sign did not warrant Gross’s refusal to accept it.

Jas. Campbell, Jr., T. E. Moss, for appellant. J. C. Gilbert, for appellee.

Wherefore the judgment is affirmed.

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