Hogan v. Hogan
| Decision Date | 02 March 1898 |
| Citation | 44 S.W. 953 |
| Parties | HOGAN v. HOGAN. |
| Court | Kentucky Court of Appeals |
Appeal from circuit court, Pendleton county.
"Not to be officially reported."
Action by Patrick Hogan against Margaret Hogan. From a judgment defendant appeals. Dismissed.
John H Fryer and W. M. & C. A. Rardin, for appellant.
C. A Daugherty, for appellee.
On March 25, 1895, appellee filed a petition in equity in the Pendleton circuit court, alleging that he was the owner and entitled to the immediate possession of a tract of 50 acres of land, which the appellant wrongfully held the possession of. At the first term of the court thereafter, on the 11th day of April, 1895, appellant answered, alleging that she was the widow of Patrick Hogan, who held the legal title and possession of the land in question at the time of his death and claimed dower; and alleging further that plaintiff was an illegitimate son of Annie Hogan, who was the daughter of her deceased husband by a former marriage, and denying his title and right of possession of the land. At the same term of the court plaintiff replied, admitting that defendant was entitled to dower, and alleged that his mother had died subsequently to the death of his grandfather, and that she was the only child and heir at law of his grandfather, Patrick Hogan, deceased. At a later day of the same term, defendant tendered and was permitted to file an amended answer, setting up a claim of homestead, and alleging that the land was of less value than $1,000, and on April 19th, at the same term, a motion of plaintiff to submit the case was overruled, and defendant was given until the first day of the next term to answer further. On the following day, without setting aside the order allowing further time for answer, the case was submitted on the question of defendant's right to a homestead, and an order entered adjudging that she was entitled to a homestead in the land, and directing commissioners to allot it to her, and make report of their acts at the next term of the court. At the next term, which was in October, 1895, the commissioners filed their report, in which they allotted to defendant 31 acres out of the tract, leaving a balance of 19 acres undisposed of. Exceptions were filed to the report, because, as alleged-First, the entire tract was not worth exceeding $1,000; and, second, because the appellee was the only heir at law of her deceased husband, who had died...
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