Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 77

Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 77

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1879 edition. Excerpt:, then that she had, by a contract with her husband which was positive, unmistakable, and unequivocal, been vested with a separate estate therein. Indeed it would almost be impossible to vest the products of a farm in the wife by any parol agreement with the husband, where they both lived on such farm, for the possession of the property would, by presumption, be in the husband, and if there was a private agreement vesting such property in the wife, it would enable the husband to perpetrate frauds by the obtaining of credit on the faith of the property of which he was apparently in possession. If he could vest his wife with a separate estate, under such circumstances, his intention should be not only manifested by a contract unequivocal in its nature, but there should be an open change of the possession from the husband to the wife, for as he resides on the farm, he, and no_t she, is in law presumed to be in the actual possession of all the property on the farm, to which he has the legal title. Although the statute exempts the wife's real estate or its rents from her husband's debts, it does not change the rule of the common law, that all personal property belonging to the wife at her marriage, or acquired by her afterward, belongs to her husband by reason of the marital relation, unless such property be the separate estate of the wife. As the title she acquired to the land only vested in her a general estate therein, all the personal property which she acquires, by its production or otherwise, belongs to her husband by the rules of the common law, and these rules have not been abrogated, but only modified so as to exempt the rent of the wife's land from the husband's debts. The title to all the wife's...
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Product details

  • Paperback | 322 pages
  • 189 x 246 x 17mm | 576g
  • English
  • Illustrations, black and white
  • 1236868919
  • 9781236868916