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Exclusive Possession: The Benevolent Wife

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Scoggan v. Hoff, 165 F. 424, 1958 U. LEXIS 3704 (D. 1958); Broyles v. 1938); Evans v. Caudill, 296 Ky. 460, 177 S. 2d 586, 1944 Ky. LEXIS 567 ( Ky. 1944). Trustee may, under power contained in deed of trust, mortgage property to secure money for taxes and liens on trust property without complying with this section. Ball v. Exclusive possession: the benevolent wife of god. Loughridge, 100 S. 275, 30 Ky. 1123, 1907 Ky. 1907). Any lease of mineral rights that is duly signed and acknowledged may be recorded, although it might be void as between the parties on account of some vice in its execution or infirmity in its terms or conditions. 450, which must all be read together, if the judgment creditor had notice before the sale under the execution he had no preference.

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182, § 20, effective July 15, 1986. ansfer to Minor. When it was sought to establish that the estate of one (1) joint tenant passed the other by survivorship, the instrument relied on had to make it clear that such was the purpose of the grantor or testator. Suspension of warrant upon execution of bond. Fields & Combs v. Co., 168 Ky. 744, 182 S. 934, 1916 Ky. LEXIS 621 ( Ky. 1916). See Preston v. Preston's Adm'x, 245 Ky. 552, 53 S. 2d 957, 1932 Ky. LEXIS 633 ( Ky. 1932). Provisions in a charitable trust as to the use of the property will not be construed as conditions unless the intention that they shall be so construed is manifest. Unless the declaration otherwise provides, a conveyance or encumbrance of common elements pursuant to this section does not affect the priority or validity of pre-existing encumbrances. Toler's Heirs v. Toler, 110 S. Who Has Exclusive Possession of My House. 388, 33 Ky. 594 (1908). 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. While this law barred son who had killed father from inheriting the father's land, it did not bar him from buying the land from those who did inherit it. If the tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent it at a fair rental. Dean v. Stillwell, 284 Ky. 639, 145 S. 2d 830, 1940 Ky. LEXIS 554 ( Ky. 1940). Grant to United States of lands and rights to acquire, KRS ch. In some cases, a "nesting" or "bird's nest" order may be issued, which indicates that the spouses will share the matrimonial home after separation.

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See Ford v. Ford's Ex'r, 233 Ky. 673, 26 S. 2d 551, 1930 Ky. LEXIS 637 ( Ky. 1930). At common law and by law, possession of surface does not give possession of mineral rights which have been sold and separated from surface estate, but presumption prevails that holder is trustee of minerals for use and benefit of owner. Dowell v. Mitchell, 82 Ky. 47, 5 Ky. 746, 1884 Ky. LEXIS 36 (Ky. 1884). Bodkin v. Wright, 266 Ky. 798, 100 S. 2d 824, 1937 Ky. LEXIS 8 ( Ky. 1937). If two (2) or more patents have been issued for the same land, whether by this state or by the State of Virginia, no county clerk or other county or state officer shall officially certify that the records show, or that the fact is that the title is in any of the patentees, or in any person claiming under any of the patents. No landlord shall be entitled to retain any portion of a security deposit if the security deposit was not deposited in a separate account as required by subsection (1) of this section and if the initial and final damage listings required by subsections (2) and (3) of this section are not provided. Under subsection (2) of this section and the principles thereof followed prior to its enactment, a conveyance of a reversion transfers the entire interest in a leasehold including unaccrued rents, for which the assignee or grantee may recover of his vendor's lessee, who becomes the tenant of such assignee or vendee by virtue of such conveyance or assignment. 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. Where coal company extended an indulgence as to paying rent until such time as mine resumed operations or tenant found other employment no new tenancy at will was created requiring one (1) month's notice to vacate but tenant held over under lease which was to terminate when his employment ceased. Time when tenancy created immaterial. Equity of reformation to include grantor's royalties from the lease of the land was superior to rights of attachment creditors or general creditors, who stood in the same position as debtor, but reformation was subject to rights of innocent assignee or purchaser for value without notice. President Trying To Get His Wife - Chapter 16-Who Should Be The Most Grateful For. In re Mimms & Parham, 193 F. 276, 1912 U. LEXIS 1784 (D. 1912). Restraints on alienation — Duration of — Exceptions.

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A deed regular on its face will not be adjudged a mortgage in the absence of clear and satisfactory proof showing that the instrument was intended to be a mortgage. Where the vendor surrendered the purchaser's note for the price, and accepted in lieu thereof the joint note of the purchaser and W., embracing therein also the price of land sold to W., he waived his lien, as against a subsequent purchaser who took an assignment of the title bond, which failed to show that any part of the purchase money remained unpaid. During the period of that occupancy, each unit owner and his or her successors in interest remain liable for all assessments and other obligations imposed on unit owners by KRS 381. The information required to be furnished by this section shall be kept current and this section extends to and is enforceable against any successor landlord, owner, or manager. The membership of the association shall at all times consist exclusively of all the unit owners or, following termination of the condominium, of all former unit owners entitled to distributions of proceeds under KRS 381. Federal Gas, Oil & Coal Co. Maynard, 152 F. 1945). Massingale v. 1921). Exclusive possession: the benevolent wife of man. 9167 are to be exercised by or may be delegated to a for-profit or nonprofit corporation or unincorporated association which exercises those or other powers on behalf of one (1) or more condominiums or for the benefit of the unit owners of one (1) or more condominiums, all provisions of KRS 381. 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. This is true as to mineral rights as well as surface rights. Provision of contract to surrender at end of term in as good order and condition as now could not make lessee liable for replacement of buildings destroyed by fire. Journal of Natural Resources & Environmental Law. "Burial ground" means any public or privately owned parcel of land upon which a person or persons are interred or buried.

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Where wife who advanced money for purchase of property consented to title being taken in husband's name, no trust resulted in her favor. If a nonresident alien obtains possession of real estate by descent or devise, and dies before the expiration of the period limiting his right of enjoyment or sale, the right thus acquired shall pass by descent or devise. 270 would have impaired the Trustee's vested rights as a bona fide purchaser, and was therefore unenforceable. Cary, 429 S. 2d 411, 1968 Ky. LEXIS 752 ( Ky. 1968). Although the provisions of this chapter deal predominantly with real property, there is no reason to restrict the application of this section to such property, and a federal tax lien on personal property was properly filed under this section. Covenant of Warranty. Whatever right was acquired by purchaser at execution sale, as against subsequent purchaser for value by deed from owner, was lost by his failure, or that of plaintiff in execution, to have memorandum of execution sale recorded. Ass'n v. Haddox, 214 Ky. 300, 283 S. 81, 1926 Ky. 1926). Any purported conveyance, encumbrance, judicial sale, or other voluntary transfer of common elements, unless made pursuant to this section, shall be void. Exclusive possession of marital home. 00 and keeping covenants, including a covenant to be kept for payment of delayed rentals in the amount of 50¢ per acre annually in advance, and the lessees had paid an amount equal to one year's rental or $244 prior to receiving notice although they had not put down a well prior to receiving notice. Turner, 248 Ky. 116, 58 S. 2d 258, 1933 Ky. 1933).

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Sale When Indivisible. Trial court properly found that a coal mining landlord held a valid first priority landlord's lien in the tenant's remaining property because the landlord was not bound by the strict attachment motion requirements and had complied with all the necessary requirements to perfect its lien in the subject property, and the landlord was entitled to 11 months' rent because it had "sued out" within the 120-day requirement. But see In re Leckie Freeburn Coal Co., 405 F. 2d 1043, 1969 U. LEXIS 9150 (6th Cir. Where the acknowledgment of a deed is taken by an officer of this state or by an officer residing out of this state, he may simply certify that it was acknowledged before him, and when it was done. Partition implies equality. See Gannon v. Johnston, 243 U. But no holder of a mortgage or a vendor's lien shall recover more than the amount of the indebtedness secured by his mortgage or vendor's lien, and any amount recovered by the holder of the mortgage or vendor's lien shall be credited on the indebtedness secured thereby.

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An assignee of purchase notes did not waive his lien by accepting personal security, unless it was so intended. Where there has been severance of mineral estate from surface estate, owner of mineral estate does not forfeit or lose his right or possession by any length of nonuser and owner of surface estate cannot acquire title to minerals thereunder by an exclusive and continued ownership or occupancy of surface merely. Elkhorn Land & Improv. Driskill v. Dixon, 143 Ky. 759, 137 S. 768, 1911 Ky. See Driskill v. 1911). See Farnsworth v. Barret, 146 Ky. 556, 142 S. 1049, 1912 Ky. LEXIS 104 ( Ky. 1912). A person notifies or gives a notice or notification to another person by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it.

This section required the county clerk to keep and maintain a general alphabetical cross-index of all instruments therein referred to and not an alphabetical cross-index for each book. Elliot S. Birnboim, a Toronto family lawyer with over two decades of experience, created to encourage early intervention in your divorce case so that your rights are preserved, and a fair settlement is achieved. When deeds executed in this state to be admitted to record. Gray v. Holbrooks, 247 S. 2d 213, 1952 Ky. 1952). However, the rule where there is no intervening estate is that the reference to death without issue means death at any time. The persons executing the amendment shall provide a copy thereof to the association, which shall record it after receiving all fees and other costs associated with recording the instrument. Piney Oil & Gas Co. Scott, 258 Ky. 51, 79 S. 2d 394, 1934 Ky. 1934). Clerk's fees, KRS 64. State Bank & Trust Co. Patridge, 198 Ky. 403, 248 S. 1056, 1923 Ky. LEXIS 483 ( Ky. 1923). Under this section landowner was authorized to maintain action for injunction to prevent trespass on and to restrain assertion of claim against land.

Nutter v. Russell, 60 Ky. 163, 1860 Ky. LEXIS 41 ( Ky. 1860). The maintenance of an action under subsection (3) of this section does not release the landlord from liability under KRS 383. Rule against perpetuities abrogated. Accordingly, the attempted conveyance of a mortgage by debtors was invalid as to a bona fide purchaser for value pursuant to KRS 382. A bona fide subsequent purchaser is not a bona fide purchaser as to any of the purchase money paid subsequent to receiving notice of the prior unrecorded conveyance. After one has ceased to be clerk, he cannot sign his name officially to clerk's certificate of acknowledgment to deed already recorded. 1, Winter 1990 Ky. 26. The general rule is that where property is devised for charitable uses, the donor or a residuary legatee has no interest in the trust property save as one of the public and can only question the activities of the trustee by a bill preferred on behalf of himself and all others similarly situated, in conjunction with the attorney general.