Turner v. Searcy

Court of Appeals of Kentucky

Turner v. Searcy

4 Ky. Op. 354, 1871 Ky. LEXIS 208

DecidedOctober 3, 1871

StatusPublished

This text of 4 Ky. Op. 354 (Turner v. Searcy) 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

Turner v. Searcy, 4 Ky. Op. 354, 1871 Ky. LEXIS 208 (Ky. Ct. App. 1871).

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Opinion

Opinion oe the Oourt by

Judge Lindsay:

The second amended petition of appellees alleges that the estate of Mrs. Searcy sought to be subjected to the payment of their note is her separate estate. The answer admits that such is the fact. Section 11, article 4, chapter 41, Eevised Statutes, provides, that a married woman shall not alienate her separate estate acquired either by devise or conveyance with or without the consent of any husband she may have, unless it be a gift and then only with the consent of the donor, or his personal representative. Mrs. Searcy seems to' have acquired the estate in question by conveyance. As a married woman can not sell such estate, neither can she change it by contracting debts.. Daniel v. Robinson, 18 B. Monroe, 306.

Judgment affirmed.

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Opinion oe the Oourt by

Judge Lindsay:

The second amended petition of appellees alleges that the estate of Mrs. Searcy sought to be subjected to the payment of their note is her separate estate. The answer admits that such is the fact. Section 11, article 4, chapter 41, Eevised Statutes, provides, that a married woman shall not alienate her separate estate acquired either by devise or conveyance with or without the consent of any husband she may have, unless it be a gift and then only with the consent of the donor, or his personal representative. Mrs. Searcy seems to' have acquired the estate in question by conveyance. As a married woman can not sell such estate, neither can she change it by contracting debts.. Daniel v. Robinson, 18 B. Monroe, 306.

Judgment affirmed.

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Bluebook (online)

4 Ky. Op. 354, 1871 Ky. LEXIS 208, Counsel Stack Legal Research, https://law.counselstack.com/opinion/turner-v-searcy-kyctapp-1871.