Ham v. Hamilton

Court of Appeals of Kentucky

Ham v. Hamilton

3 Ky. Op. 294, 1869 Ky. LEXIS 393

DecidedOctober 7, 1869

StatusPublished

This text of 3 Ky. Op. 294 (Ham v. Hamilton) 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

Ham v. Hamilton, 3 Ky. Op. 294, 1869 Ky. LEXIS 393 (Ky. Ct. App. 1869).

Pincite

Opinion

Opinion of the Court by

Judge Williams:

There was a suit for divorce and alimony and for the restoration of appellant’s property, pending between her and her husband when appellee rented from him the lands and made an advance payment of all but some $25, and after the judgment of divorce, restoration etc., paid it over to the husband. Consequently, so far as the land rented was that of the wife, and so far as she recovered it, Hamilton sustained the relation of a pendente lite purchaser and responsible to her for the rents from the time of the judgment of divorce, etc., notwithstanding his previous and subsequent payments to the husband.

Wherefore the judgment is reversed; with directions for a new trial and further proceedings consistent herewith.

Free access — add to your briefcase to read the full text and ask questions with AI

Opinion of the Court by

Judge Williams:

There was a suit for divorce and alimony and for the restoration of appellant’s property, pending between her and her husband when appellee rented from him the lands and made an advance payment of all but some $25, and after the judgment of divorce, restoration etc., paid it over to the husband. Consequently, so far as the land rented was that of the wife, and so far as she recovered it, Hamilton sustained the relation of a pendente lite purchaser and responsible to her for the rents from the time of the judgment of divorce, etc., notwithstanding his previous and subsequent payments to the husband.

Wherefore the judgment is reversed; with directions for a new trial and further proceedings consistent herewith.

Cite This Page — Counsel Stack

Bluebook (online)

3 Ky. Op. 294, 1869 Ky. LEXIS 393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ham-v-hamilton-kyctapp-1869.