Harrison v. Griffith

• Decision Date: 10 October 1868
• Citation: 67 Ky. 146
• Parties: Harrison v. Griffith, & c.
• Court: Kentucky Court of Appeals

67 Ky. 146

Harrison v. Griffith, & c.

Court of Appeals of Kentucky.

October 10, 1868

1. A widow is entitled to dower in what remains of the proceeds of the sale of a house and lot, to which her husband held an equitable title at his death, after satisfying a vendor's lien, and also satisfying an execution lien in favor of the Commonwealth against him as sheriff, to satisfy which he had surrendered the house and lot in writing.

2. A surrender in writing of real estate, to be levied upon and sold to satisfy an execution, must be regarded as so far an alienation of the equitable title.

3. Dower in money is directed to be set apart by requiring the widow to give bond for its return at her death, or by paying her absolutely the present value of her dower interest, to be estimated according to the American annuity and life tables taking into consideration her age, health, and probable duration of life.

APPEAL FROM DAVIESS CIRCUIT COURT.

RAY &amp HARDIN, For Appellant,

CITED--

Revised Statutes, sec. 3, 2 Stanton, 262.

4 Mon., 339; Tevis vs. Steele.

12 B. Mon., 266; McClure vs. Harris.

Revised Statutes, art. 15, chap. 36, 1 Stanton, 488.

SWEENEY & STUART, For Appellees,

CITED--

18 B. Mon., 113; Gully vs. Ray.

16 B. Mon., 117; Heed and wife vs. Ford.

3 Met., 349; Moore vs. Simpson.

4 J. J. M., 589; Major vs. Deer.

2 B. Mon., 256; Read vs. Hensley.

Revised Statutes, sec. 6, art. 12, chap. 83.

OPINION

WILLIAMS CHIEF JUSTICE.

Warfield had sold to J. G. Harrison, the husband of appellant, a house and lot in Owensboro, and gave his title bond for a conveyance on the payment of the remaining purchase price of one thousand five hundred dollars.

Harrison was the sheriff of Daviess county, and became a debtor to the Commonwealth, which was reduced to judgment, and execution issued thereon and placed in the proper officer's hands for collection, when Harrison surrendered, in writing, said house and lot, to be sold in satisfaction thereof, which the sheriff sold, subject to the outstanding purchase price, when Griffith purchased it at three thousand and eighty-seven dollars and fifty cents, and afterwards purchased Harrison's note to Warfield for the unpaid purchase price; subsequently to which, he filed a petition, under our statute, setting out all these facts, and asserting his legal lien for both sums, and asking a judgment of sale from the chancellor. He also presented various other claims which Harrison owed him, but upon which Harrison had never surrendered the house and lot to be sold. Judgment by default was rendered on all these claims, and a sale of the house and lot ordered. The commissioner did sell, and Griffith again became the purchaser at four thousand two hundred dollars after which, and before any confirmation of the sale, Harrison...