President Trying To Get His Wife - Chapter 16-Who Should Be The Most Grateful For
This section requires that the issual of the warrant of restitution, if the inquisition is in the favor of the plaintiff, must follow the failure of the unsuccessful party to file the traverse on or before the third day after the finding of the inquest. Children could recover land descended from their father, which their mother attempted to convey in fee after death of their father, where children had done nothing to forfeit their interest. All of the provisions of the Eminent Domain Act of Kentucky shall be applicable for the purposes of KRS 381. Who Has Exclusive Possession of My House. Even though a wife pays the entire consideration for property deeded to herself and husband jointly, she takes only an undivided one-half interest therein as a tenant in common, without any trust resulting in her favor as to husband's half interest, where she knew of or consented to the property being conveyed in such manner.
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You may think the heart throbbing in my chest is yours, but my true heart is never yours! Burris v. Stepp, 162 Ky. 269, 172 S. 526, 1915 Ky. (See KRS 364. The administration of the building or buildings constituted into a condominium property regime shall be governed by bylaws approved and adopted by the council of co-owners. Jackson v. Engle, 230 Ky. 558, 20 S. 2d 460, 1929 Ky. LEXIS 139 ( Ky. 1929). A reservation of rentals for life is valid, and is a condition that runs with the land. Exclusive possession: the benevolent wife poem. This section was not applicable where it appeared from the will that should a class member predecease the life tenant the home farm was to be shared equally by the four eldest sons. If the wrong occurred during any period of declarant control and the association gives the declarant reasonable notice of and an opportunity to defend against the action, the declarant who then controlled the association shall be liable to the association or to any unit owner: - For all tort losses not covered by insurance suffered by the association or that unit owner; and. 136 and these statutes supplement or are supplemented by the traditional jurisdiction of equity courts to decree partition as stated in subsection (16) of KRS 381. Charitable bequest or devise is valid only when purposes, beneficiaries, and objects are nominated and described with reasonable certainty. Article: From Main Street to Wall Street: Mortgage Loan Securitization and New Challenges Facing Foreclosure Plaintiffs in Kentucky, 36 N. 395 (2009). A voluntary conveyance of debtor's real estate, made before creation of liability but not lodged for record until after creation of the liability, is void as to such liability. 042 or to require the custodian to give appropriate bond. Moore's Guardian v. Williamson's Ex'r, 201 Ky. 561, 257 S. 711, 1923 Ky. 1923).
When an agent and a detective came to a residence to conduct a knock and talk, it was impermissible to get a landlord to open the door; moreover, the exigent circumstances of plain smell were created when the agent and the detective improperly permitted the landlord to unlock the door. See Prescott v. Prescott's Heirs, 49 Ky. 56, 1849 Ky. LEXIS 18 ( Ky. 1849); Lachland's Heirs v. Downing's Ex'rs, 50 Ky. 32, 1850 Ky. 1850); Johnson v. Johnson, 59 Ky. 331, 1859 Ky. 1859); Moran v. Dillehay, 71 Ky. 434, 1871 Ky. LEXIS 78 ( Ky. 1871); Breckinridge v. Denny, 71 Ky. 616 (1872); Bradley v. Skilman, 3 Ky. 734; Williams v. 1891); Pruitt v. Holland, 92 Ky. 641, 18 S. 852, 13 Ky. Exclusive possession: the benevolent wife cast. 867, 1892 Ky. LEXIS 36 ( Ky. 1892). 012, as well as the immediate juxtaposition of the $1. Sundays are not to be included in computation of time provided in this section. Acquired After Filing of Petition. A person has notice of a fact if: - He has actual knowledge of it; - He has received a notice or notification of it; or. An action to challenge the validity of an amendment adopted by the association pursuant to this section shall not be brought more than one (1) year after the amendment is recorded. Where granting and habendum clauses were in the usual language "heirs and assigns" which are words of limitation, the conveyance was converted into a fee-simple estate under this section, although, in the paragraph reciting the parties, the words "her heirs after her death" were used which might have been interpreted to convey a remainder estate to her children or descendants. Attachment for rent — Procedure. Covery of Land from Vendee. LEXIS 7 (Ky. Ct. 2021). Recovery cannot be had under this section for rents of property after possession thereof was returned to traversee.
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In case the jury first summoned fails to attend, or, after being sworn, fails to agree and render their verdict, the court shall summon another jury, on a day to be named in his mandate in writing. Person who took a defeasible fee and holders of contingent remainder may join in deed and convey a good title. The bringing of an action by holders of reversionary interest against county school board claiming that under terms of the deed the school board had forfeited title by discontinuance of use of the parcel for a school obviated the necessity of filing a declaration under this section of intent to preserve the reversionary right under the deed. Note, Ward v. Harding: Kentucky Strips Miners of Dominate Rights, Burying a Century of Litigation, 21 N. 649 (1994). A general warranty included all common-law covenants. — Subsequent Purchasers for Value Without Notice. Though deed, absolute on its face, was in legal effect a mortgage as between parties to transaction, innocent purchaser from grantee, relying on recorded deed, would be protected. Stevenson v. Brasher, 90 Ky. Exclusive possession: the benevolent wife made. 23, 13 S. 242, 11 Ky. 799, 1890 Ky. 1890). The doctrine of lis pendens that prevailed before enactment of this section does not now obtain and third parties and strangers to a suit to enforce a lien upon property who are without actual notice are not now chargeable with notice of suit, unless the statutory notice is given. The collection of indebtedness for liability imposed by KRS 381. § 1983 case in which a renter asserted a Fourth Amendment claim against two deputies because they assisted his landlords in wrongfully seizing all his personal property without due process during the execution of an eviction order, and the deputies appealed the district court's denial of their motion for summary judgment on the basis of qualified immunity, the deputies pointed to KRS 383.
Construction and validity of declaration and bylaws. A breach of warranty in the deed occurred immediately upon the execution of the deed since the grantor had no title in the minerals which he purported to convey and did not and could not put grantee in possession of them so consequently the warranty was immediately transformed into a chose in action and ceased to be a covenant running with the land on which a subsequent grantee could recover without assignment of the cause of action against the original warrantor. Anime Start/End Chapter. Marshall v. Brann, 295 S. 2d 574, 1956 Ky. 1956). State Bank & Trust Co. Patridge, 198 Ky. What is Exclusive Possession of the Marital Home. 403, 248 S. 1056, 1923 Ky. LEXIS 483 ( Ky. 1923). 9127(2), (4), and (6), the declaration shall specify to which unit or units each limited common element is allocated. If the rental agreement requires the tenant to give notice to the landlord of an anticipated extended absence in excess of seven (7) days as required in KRS 383. A constructive trust will not be enforced against a stranger not participating in the fraud and not under legal obligation or duty to the complainant.
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Mercantile Realty Co. Allen Edmonds Shoe Corp., 263 Ky. 597, 92 S. 2d 837, 1936 Ky. 1936). No deed shall be held to be legally lodged for record until the tax is paid thereon. 690 clearly requires the plaintiff in a foreclosure action to name the holders of other liens in its petition, there is no statutory requirement to name those who acquire a lien after the filing of the petition. 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. " Nveyance of Greater Estate than Owned. Also, a Kentucky corporation solely owned by a foreign corporation may own property in Kentucky. If lessee transfers his whole term or interest or transfers only a part of the premises for the whole term the person to whom he transfers is an assignee of the part transferred to him and as such is bound by the covenants of the original lease to pay the full rent, including the payment of taxes therein provided for, on failure of original lessee to pay them. No affidavit or written statement is necessary to authorize issual of the writ. Dexing in Individual Mortgage Book. Purchaser of property who paid the mortgage to the mortgagee of record was not put on inquiry as to its assignment by statement of mortgagee's president that the bonds were in another city and that he would send over and get them and deliver them to him and accept payment and discharge of mortgage by mortgagee of record was valid. The required affidavit may be filed at any time prior to recording the purchaser's deed. 504, 32 Ky. 400, 105 S. 1182, 1907 Ky. 1907). — Forcible Entry and Detainer.
Alien's right as to personalty — As to realty if resident. 515. lidity of Acknowledgment. Alterations tenant made were so radical they substantially changed character of building, and constituted waste. Any alien, not an enemy, may take and hold any personal property except chattels real. Ashurst v. Cooper's Adm'rs, 218 Ky. 459, 291 S. 730, 1927 Ky. LEXIS 181 ( Ky. 1927). The record of the declaration shall also contain a reference to the file number of the floor plans of the building or buildings on the property affected. A lien under this section shall take priority over all other liens and encumbrances on a unit, except: - Liens and encumbrances recorded before the recordation of the declaration; - A mortgage on the unit recorded before the date on which the assessment sought to be enforced became delinquent; and. Turner v. McCarty, 276 Ky. 481, 124 S. 2d 753, 1939 Ky. LEXIS 543 ( Ky. 1939). Morse v. South, 80 F. 206, 1897 U. LEXIS 2594 (C. 1897).
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Distraint or attachment without good cause, action and damages for, KRS 411. Hedrick v. MERSCORP, Inc., 985 F. 2d 823, 2014 U. LEXIS 59921 (E. 2014). 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. 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.
Louisville Gayety Theater Co. Ragan, 186 Ky. 672, 217 S. 929, 1920 Ky. LEXIS 17 ( Ky. 1920). Where a judgment arising from a risk common to all of the co-owners is in excess of the liability insurance in force, the liability of any co-owner shall not exceed his pro rata share as determined by the percentage the value of his individual unit bears to the value of the property as a whole. At the end of that sixty (60) days the tenant shall abandon the premises without demand or notice, or stand in the same relation to his landlord that he did at the expiration of the tenancy aforesaid; and so on from time to time until he abandons the premises, is turned out of possession, or makes a new contract. In these cases, one of two things is likely to happen. Beard v. Rowan, 34 U. The clerk is not authorized to admit a mortgage to record without proof of its execution, and if he does record it without such proof it will not furnish constructive notice to purchasers or creditors.
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Where part of the land so held shall be situated in this state and part in another state, the court may, in making partition, take into consideration the value of all of said land, and set apart to those resident in this state land in this state equal to their full share of all said land, securing, by proper deeds and orders to the nonresidents, release of the interest of such residents in the lands in the other state or territory. The purpose of clause referring to death of devisee without issue was not to qualify fee simple estate but to provide who should take in case devisee died before life tenant. If any tenant for life or years commits waste during his estate or term, of anything belonging to the tenement so held, without special written permission to do so, he shall be subject to an action of waste, shall lose the thing wasted, and pay treble the amount at which the waste is assessed. Possession of the home by one spouse or the other almost invariably affects all other issues, including the lives of your children. The lender shall file a properly executed satisfaction of the mortgage upon payment of the balance owing under the line of credit or revolving credit plan at the time the request is received. Goff v. Lowe, 80 S. 219, 25 Ky. 2176 (1904). Higgins v. BAC Home Loans Servicing, LP, 2014 U. LEXIS 43278 (E. 31, 2014).
When applied to an indigent person without sufficient funds to make the required payment into court, this section creates a financial barrier between him and the Circuit Court which forecloses his avenue of appeal; therefore, as to an indigent person, this section constitutes an unreasonable and, therefore, impermissible regulation of the exercise of the right of appeal secured by Const., § 115. In the performance of their duties, the officers and members of the executive board shall act in accordance with KRS 381. Westinghouse Electric Mfg. It was not error for a bankruptcy court to find that an acknowledgement on a creditor's mortgage document was defective and that the mortgage could be avoided by a trustee pursuant to 11 USCS § 544 because the acknowledgement did not comply with the requirements of KRS 423. Chesbrough v. Vizard Inv. A lien retained in deed in favor of third person not designated in deed may be enforced by the third person. This section was not intended to affect the equitable doctrine that equity would follow a fund and compel restitution as long as it could be identified and followed.