Exclusive Possession: The Benevolent Wife, All Dislyte Pop Quiz Answers
Hence, his demurrer to petition for division filed by other remaindermen was properly overruled. Where a subsequent grantee or creditor has no actual knowledge or notice of such prior deed or has no information sufficient to put the subsequent grantee on inquiry that would lead to the discovery of the prior deed upon a search, the prior and unrecorded deed would not be valid against such creditor or subsequent grantee. If a county clerk requires a parcel identification number on an instrument before recording, the clerk shall provide a computer terminal, at no charge to the public, for use in finding the parcel identification number. To the extent that any unit or common element encroaches on any other unit or common element, a valid easement for the encroachment exists. Exclusive possession: the benevolent wifeo. Delivery of deed to bank, where part of purchase price had been paid and purchaser placed in possession, was sufficient to vest purchaser with interest in the land that could be mortgaged. Judgment for Restitution and Costs. Every deed of release shall be executed as deeds are executed and shall be as effectual for the purposes therein expressed, without the execution of a lease, as if a lease had been executed.
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This section is applicable to single unit mortgage loans to purchase condominiums. Edwards v. Wilson, 286 Ky. 636, 151 S. 2d 756, 1941 Ky. 1941). Holoway v. Crumbaugh, 275 Ky. 377, 121 S. 2d 924, 1938 Ky. 1938). A party who files traverse has a right to dismiss it.
The jurors, after hearing the evidence, shall, by their inquest, say whether the defendants, or either of them, be guilty or not guilty of the forcible entry or detainer complained of; and shall return their inquest, signed by one of their body, to the court. Bona fide mortgages, duly recorded, are protected against landlord's liens. Grantees obtained from the life tenant only the estate he actually had and not the fee simple he pretended to convey and possession by grantees and life tenant grantor were not adverse to remainder interest for they were constructively notified by recordation of deed of remainder interest and they did nothing to signify to remaindermen that they were claiming adversely. A county clerk could not recover from the county for preparing vowel indexes of deed books, mortgage books, and marriage bonds, unless the record of the fiscal court showed either authorization for the work or an agreement to accept and pay. Bryan v. Dupoyster, 130 F. 83, 1904 U. Exclusive possession: the benevolent wife book. LEXIS 4132 (6th Cir. Deeds of release of liens on real estate are included in the coverage of this section and must bear the signature of the author. Without Children — Meaning.
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Proceeds of the sale are an asset of the association. Caldwell's Kentucky Form Book, 5th Ed., Summons (AOC 105), Form 254. Who Has Exclusive Possession of My House. Caldwell's Kentucky Form Book, 5th Ed., Petition for Allotment by Surviving Spouse — Land Indivisible, Form 254. 9127(2), (4), and (6); - A description of any real estate, except real estate subject to development rights, which may be allocated subsequently as limited common elements, other than limited common elements specified in KRS 381. 221, did not violate the Contracts Clause, U. Const. Ntingent Remaindermen.
If the office of any county clerk has been vacated, leaving any instrument recorded in his office, the original of which has never been taken therefrom, and in the record of which, or the authentication thereof, there is a deviation from the original, the successor shall correct such record by making it an exact copy of the original instrument and authentication. Unsigned by Grantor. Individual deeds — Contents. 070, and grantees took only a life estate. In these cases, one of two things is likely to happen. CIT Group/Consumer Finance Inc. (In re Wilson), 2007 Bankr. 1984); 1400 Willow Council of Co-Owners, Inc. Ballard, — S. 3d —, 2010 Ky. 2010). Exclusive possession of the matrimonial home. 080 give the landlord a lien, for not exceeding one (1) year's rent (now four (4) months), due or to become due, on all property of tenant, subtenant, or assignee on the premises, subject to execution inferior only to valid lien on property when it is brought on the premises; the liability of assignee or subtenant being only for the rent accrued after his interest began. The nonuse of a clubhouse for approximately five years must be deemed a period of substantial duration, and the informal, indefinite intent of the club to use the property for its legitimate purposes was not sufficient to prevent the operation of the terms of deed which provided for reverter when land ceased to be used for legitimate purposes of the club. Sale of grazing privilege by lessee of land was not a subletting as contemplated by law so as to cause a forfeiture. Where landlord brought forcible detainer action on failure to pay rent, and during proceedings the cause was continued on condition that tenant pay back rent and keep up future payments, which was done, landlord was relegated to new proceedings for future arrearage and could not reopen this action. One who took a mortgage on land pending an action to enforce a vendor's lien thereon was a lis pendens purchaser, and therefore bound by a judgment rendered in that action enforcing the lien, even though the deed to the mortgagor did not show purchase money was unpaid. Morrison v. Bartlett, 263 Ky. 767, 93 S. 2d 843, 1936 Ky. LEXIS 244 ( Ky. 1936). A proposed ordinance containing a provision allowing a landlord the right to immediately terminate a lease based on a tenant's dangerous conduct was in conflict with the Uniform Residential Landlord and Tenant Act, KRS 383.
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Strode v. Hardwick, 212 Ky. 36, 278 S. 168, 1925 Ky. LEXIS 1068 ( Ky. 1925). Where defendant entered into possession under plaintiff's tenant, she is guilty of forcible detainer, whether she entered with or against the consent of the tenant, having refused to vacate the premises upon demand of landlord after tenant's term had expired. Judgment for restitution and costs in forcible detainer action where warrant charged only forcible entry and jury found defendant guilty of forcible entry was not affected by a recital by inadvertence or as surplusage that defendant had been found guilty of a forcible entry and detainer since a judgment of restitution is authorized by KRS 383. What is Exclusive Possession of the Marital Home. Dishman v. Marsh, 278 Ky. 21, 128 S. 2d 235, 1939 Ky. 1939).
Middendorf v. Goodale, 202 Ky. 118, 259 S. 59, 1923 Ky. LEXIS 360 ( Ky. 1923). The Department of the Treasury shall, after liquidation of the interest, pay the proceeds into the elder and vulnerable adult victims trust fund established in KRS 41. If the deputy only endorses a memorandum of the acknowledgment on the deed or instrument, then the principal clerk shall write the certificate as if the acknowledgment had been taken before him, and the deed or instrument shall be as valid as if the certificate had been written in full by the deputy. 9185, the holder of that lien or security interest shall exercise its right against the common elements before its judgment lien on any unit may be enforced. Where oil and gas lease contained "free gas clause" in favor of surface owner, a later deed, conveying the surface but reserving to the grantor the oil, gas and mineral rights and those rights covered by the lease, did not destroy surface owner's right to free gas for domestic use on the premises, since that right was a covenant running with the surface and could not be of any value to the owner of the oil, gas and mineral rights.
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The portion of the allocated interests divested from the partially acquired unit are automatically reallocated to that unit and the remaining units in proportion to the respective allocated interests of those units before the taking, with the partially acquired unit participating in the reallocation on the basis of its reduced allocated interests. 940 shall be interpreted to adversely affect the use of modern equipment or machinery with respect to mining methods permitted under KRS 381. Registration Sys., 2010 Ky. LEXIS 135 (Ky. July 23, 2010). If any provision of KRS 381. Additionally, if you are the non-owning spouse, then your spouse may be required to pay for the home's carrying costs instead of support. Pack v. Feuchtenberger, 232 Ky. 267, 22 S. 2d 914, 1929 Ky. 1929). Where the deeds to two tracts of land purchased by a county school system in 1923 contained possibility of reverter clauses, but where no preservation notice was filed during the five-year period provided for by this section, the county board of education would own the two tracts in fee simple. Where following a flood the tenant gave notice of its intent to cancel the lease but after the notice padlocked the premises and refused to give entry to the owner, the lessee retained possession of the property and was liable for the rent prescribed by the lease. A will creating a defeasible fee disposes of the testator's entire interest in the land at the time of his death, although the title may be defeated afterwards by the happening of the contingency named in the will.
Exclusive Possession Of The Matrimonial Home
Louisville Trust Co. Erdman, 58 S. 814, 22 Ky. 729, 1900 Ky. LEXIS 704 ( Ky. See Combs v. Eversole, 64 S. 524, 23 Ky. 932, 1901 Ky. LEXIS 455 (Ky. 1901); Belcher v. 1917); Wilson v. 1921). County courts and Circuit Courts have concurrent jurisdiction of partition proceedings and, from a final judgment rendered by either court an appeal, may be taken to the Court of Appeals, but a claim to dower is an assertion of a right to an interest in real estate and the Circuit Court has exclusive jurisdiction under KRS 23. This section did not apply where one person owned a nine-tenths (9/10) interest for life and the owners of the one-tenth (1/10) remainder did not own under the life tenant but by deed from testator's children. Subject to the right of a party to have the action removed from the county court to the Circuit Court after the filing of an answer controverting the allegations of the petition, or contesting the rights therein claimed, county courts and circuit courts have concurrent jurisdiction of partition proceedings. After a severance of the minerals from the surface, any adverse possession of the surface will be deemed to be a holding in trust for the mineral owner unless trust is openly repudiated by the adverse holder. 070, where granting clause conveyed to grantee and his bodily heirs and assigns but habendum clause specifically stated that grantee was to have and use the property "as long as he lived and at his natural death then to go to his bodily heirs. " Taylor, 107 Ky. 20, 52 S. 820, 21 Ky. 602, 1899 Ky. LEXIS 123 ( Ky. 1899). Property subject to distress or attachment for rent — Damages for illegal distraint, attachment, or wrongful removal. Where an assignee of rent note procured a distress warrant against a tenant and subtenants, who executed a bond with sureties to discharge the levy, upon motion for judgment against the sureties the court determined that the assignee of a rent note is not entitled to the right of distress, in absence of a statutory provision therefor, unless the lease or land also be included in the assignment. An unbroken covenant passes to subsequent transferees with the title, but when broken it automatically becomes a chose in action and does not pass with the transfer of title but only by express assignment.
Amos v. Massey, 140 Ky. 54, 130 S. 950, 1910 Ky. 1910). Although this section abolished tenancies by entirety in Kentucky, where a lot was in Tennessee the question was controlled by laws of that state and deed created tenancy by entirety. 270 and enactment of the Uniform Commercial Code. Lessee who remained in possession for 90 days after the expiration of the term though its subtenants obtained the right to remain for the whole year holding under the contract, and so on from year to year until the premises were abandoned, or the landlord recovered possession, or made a new contract. Citizens Coal Co. Foley, 278 Ky. 573, 129 S. 2d 131, 1939 Ky. 1939). Since the warrant described in this section is the document to be used to bring the defendant before the court in an eviction proceeding, regardless of whether or not the matter is to be tried by a jury, the warrant is judicial process; thus, the sheriff's fee for executing the warrant by serving it on the defendant is ten dollars, pursuant to KRS 64. Likens v. Pate, 160 Ky. 319, 169 S. 734, 1914 Ky. LEXIS 446 ( Ky. 1914). The presence of the equipment on the construction site posed an unreasonable risk of harm to the youth, who was a licensed driver, which the youth should have been able to appreciate. 50; thus where one deed of release is lodged for record, but which releases two different mortgages, the total fee is $6. Where mother's money was used to purchase property to which title was taken without her consent in her daughter's name by daughter's husband, the property belongs to the mother and the daughter holds the title under a constructive trust and not under a resulting trust now inhibited by law.
Tenant's use and occupancy. In addition to a remedy provided in paragraph (c) of subsection (1) the tenant may recover reasonable attorney's fees. Bankruptcy court may properly, by summary proceeding, take possession of property seized under distress warrant and administer it, recognizing, however, the landlord's lien. A conveyance made by a tenant for years, purporting to grant a greater estate than he has, shall not work a forfeiture of his estate, but shall pass to the grantee all the estate which the tenant could lawfully convey. It is the policy of the law to encourage gifts and devises to charitable institutions.
If any chute, flue, duct, wire, conduit, heating system, air conditioning system, bearing wall, bearing column, or any other fixture lies partially within and partially outside the designated boundaries of a unit, any portion thereof serving only that unit is a limited common element allocated solely to that unit, and any portion thereof serving more than one (1) unit or any portion of the common elements is a part of the common elements unless otherwise specified in the declaration. If the intention of the parties is apparent from an examination of a deed from its four corners without regard to its technical and formal divisions, it will be given effect even though, in doing so, technical rules of construction will be violated. Action to quiet title, KRS 411. Any county where indexes to the records of deeds, mortgages, wills, marriages, or other public records have been or may hereafter be prepared by the Work Projects Administration or other appropriate agency of the United States government, or by order of the fiscal court of any county, such indexes or any of them may be adopted as the official general cross indexes of such records in the manner provided by this section in addition to each individual book index. A general warranty included all common-law covenants. If no rent remains due after application of this section, judgment shall be entered for the tenant in the action for possession. See Foushee v. 1915); Dalzell v. Dalzell, 170 Ky. 297, 185 S. 1107, 1916 Ky. LEXIS 49 ( Ky. 1916); Mullins v. 1924); Cooksey v. Tolliver, 208 Ky. 160, 270 S. 719, 1925 Ky. LEXIS 238 ( Ky. 1925). McCallister v. Folden's Assignee, 110 Ky. 732, 62 S. 538, 23 Ky. 113, 1901 Ky. LEXIS 126 ( Ky. 1901). 820(2), a conservation easement shall be unlimited in duration unless the instrument creating it otherwise provides.
There is no specific time limitation for filing and enforcing lis pendens. Scherm v. Garrett, 26 Ky. 186 (1904). A power of attorney is not required to bear the signed statement of authorship. It is the settled rule in this state that the words "bodily heirs" and "heirs of the body" and other similar expressions are appropriate words of limitation and when used in a deed will be given their ordinary legal meaning, unless there be something in the instrument itself which shows that they were used in a contrary sense as "children" or words of purchase.
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