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Courts may invoke the transposition of employed words and phrases so as to bring them in accord with the evident intention of those employing them and to supply glaringly omitted words so as to make the meaning clear. Where immediately after the description a deed contained the statement that "A lien is retained to secure payment of the unpaid purchase money" the statement was not sufficient to give the vendor a lien as against judgment creditors where the deed specifically recited as consideration "the sum of one dollar and other considerations of value, the receipt of which is hereby acknowledged. " Remedies for noncompliance that affects health and safety. Chalk v. Exclusive possession: the benevolent wife episode 1. Chalk, 291 Ky. 702, 165 S. 2d 534, 1942 Ky. LEXIS 310 ( Ky. 1942). Mechanic's lien provisions of KRS 376.
Unrecorded agreement by holder of record title to land, to hold title in trust for others, would not be valid as against an innocent purchaser for value whose deed was recorded. "Children" was not, like "heirs, " or, as construed under our law, "heirs of the body, " a word of limitation, importing by its own force a fee-simple estate. 00 for the first mortgage and $1. ← Back to Top Manhua. Chenault, 192 Ky. 81, 232 S. Who Has Exclusive Possession of My House. 391, 1921 Ky. 1921). Lessor of coal lands was entitled to a line for coal royalties accrued within 11 months prior to his action and his lien had priority to claims not secured by a lien although no distress warrant had been issued.
660(1); the authority exercised its discretion and gave the tenant the rights conferred by the URLTA, including KRS 383. It is sufficient if the intent to create a tenancy by entireties is expressed only in the habendum clause. In the eyes of outsiders, the noble male god who cannot be blasphemed, was pressed by the reincarnated her to be provocative and provocative. If, at the time of a loss under the policy, there is other insurance in the name of a unit owner covering the same risk covered by the policy, the association's policy provides primary insurance. Wirth v. Wirth's Guardian, 100 S. 298, 30 Ky. 960 (1907). The possibility of reverter to settlor under an inter vivos trust is not an estate and is inalienable and an attempted transfer of it to a church was ineffectual insofar as it undertook to pass any right or interest to the church, but it had the effect of extinguishing trustor's possibility of reverter. 365 does not apply retroactively because the legislature did not specify in the current version of KRS 382. Warrant, being fair on its face, protected the officer, but did not protect the persons who procured it to be issued before it was authorized by this section. 680, 36 S. 728, 60 L. 1234, 1916 U. LEXIS 1704 (U. No action will lie on an attachment bond for maliciously suing out an attachment until the attachment shall have been discharged, and such final disposition of it must be alleged. 9207. are: - To simplify, clarify, and modernize the law governing condominiums; and. 606, 30 S. 406, 54 L. Exclusive possession of marital home. 346, 1909 U. LEXIS 1955 (U. An affidavit of amendment may not change the parties or the collateral of a recorded mortgage, but may be used to correct a manifest clerical or typographical error such as spelling, punctuation, or numbering mistakes in typing or printing. A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining: - The validity of the purported custodian's designation; - The propriety of, or the authority under KRS 385.
Vested remainderman was not estopped to prevent waste by life tenant by her silence while tenant prepared to commit waste, as tenant had constructive notice from records of remainderman's claim. A person bringing an action for monetary damages under this section shall have the burden of proving by clear and convincing evidence the provisions of subsection (5)(a) and (b) of this section, and the burden of proving that the breach or failure to perform was the legal cause of the damages suffered. 9207 shall also apply to that person. If the rental agreement is terminated, the landlord shall return all prepaid rent. Preece v. Hardin, 253 Ky. 226, 69 S. 2d 361, 1934 Ky. 1934). Gayle v. Greasy Creek Coal & Land Co., 249 Ky. 251, 60 S. 2d 599, 1932 Ky. LEXIS 888 ( Ky. 1932). The exclusive property of the wife. 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. The maintain an action for damages for trespass, a plaintiff who has obtained title by adverse possession need not be in actual possession of land. There may be a division of the surface with each allotted part subject to the oil and gas lease, whether it be entire or fractional, or there may be a division of the lease by selling it and distributing the proceeds. Liens resulting from judgments against the association shall be governed by KRS 381. Where land is partitioned in the county court, pursuant to this section, and the error of which any of the parties complaints appears in the record as made up in the county court, his remedy is by appeal directly to the Court of Appeals. If the request complies with all the requirements of this section, the recording of the request shall constitute and be deemed to be an amendment to the line of credit or revolving credit plan and the mortgage to the extent described in the request.
Grassham v. Robertson, 277 Ky. 605, 126 S. 2d 1063, 1939 Ky. LEXIS 688 ( Ky. 1939). The notice shall be mailed to the last known address of the property owner, as it appears on the current tax assessment roll. Where a will devises property to those who would otherwise take under the statutes of descent and distribution, the devisees take under the statutes and not under the will. Mere nonpayment of rent does not relieve the landlord of his obligation to follow the proper statutory requirements; accordingly, as the landlord failed to give the tenant the required notice to vacate, the judgment evicting the tenant had to be reversed. If you get primary care of the children, then your spouse will have to pay child support. The owner of mineral rights would not have the kind of ownership rights required by the abandoned cemetery statute and is not able to make an application to the fiscal court for removal and relocation pursuant to subsection (1) of this section. General index of real property records in counties containing urban-county government or city with population of 20, 000 or more — Contracts for indexing work. 182(6), a custodian need not give a bond. Adair v. Adair's Trustee, 99 S. 925, 30 Ky. 857 (1907). A trust in land may be created by parol under certain conditions. When a devise is made to a society or organization such as a named missionary society founded for and engaged in a specific work without setting out in the will a different use to which the devise is to be applied, the mere devise sufficiently indicates the purpose intended and may be enforced in equity. Harmon v. Moss, 342 S. 2d 528, 1961 Ky. LEXIS 387 ( Ky. 1961). The affidavit shall contain the name, address, and signature of the person who prepared the instrument as required by KRS 382. Deed to husband and wife "during their joint lives as tenants in common, with remainder in fee simple to the survivor of them" gave husband an undivided one-half (1/2) interest in the right to use, occupancy and rents of the entire property during joint lives and a contingent fee in the entire real estate, and bankrupt husband's interest passed to trustee in bankruptcy.
520 until such time as she is acquitted on the charge. Where tenant during period for which lien of landlord for advances existed delivered his interest in crop to landlord as security, the landlord's lien was thereby preserved the same as if landlord had instituted legal proceedings to enforce lien. Where one pays for property and has the title taken to another for the fraudulent purpose of evading his existing or future obligations, his creditors may subject the property so held by another for him, regardless of enforceable trust between parties. Where bond was filed under this section, but no traverse as required thereby, Circuit Court properly dismissed appeal. 1, Winter 1990 Ky. 26. A lien exists as to vendees although it does not appear from deed that the purchase money remains unpaid, but in such cases the lien would not exist as against bona fide creditors and purchasers. Assertion of claim to compensation for value of interest in cemetery or lot. To discuss trialling these LexisNexis services please email customer service via our online form. A provision in a lease against subletting without the written consent of the lessor may be waived by the parties. Witnesses, subpoenas and coercion of attendance. 715 and every act which must be performed as a condition precedent to the exercise of a right or remedy under KRS 383. See Sale v. Crutchfield, 71 Ky. 636, 1871 Ky. LEXIS 112 ( Ky. 1871). Caldwell's Kentucky Form Book, 5th Ed., Summons (AOC 105), Form 254.
You may think the heart throbbing in my chest is yours, but my true heart is never yours! Muse v. Payne, 144 Ky. 30, 137 S. 788, 1911 Ky. LEXIS 544 ( Ky. 1911). 135 does not contravene the common law regarding the validity of any deed. Materialman's lien, created before property was placed on demised premises, took priority over lien of landlord. 505 through KRS 383.
Though devise to a survivor and his descendants did not at common law create an estate tail, under our statutes it creates more than a life estate in survivor; considering devise of land to two (2) grandsons, it was held that upon death of one (1) without child, the other, if living, takes the property, and, if he is dead, it passes to his descendants. Young v. Madison's Ex'r, 252 Ky. 99, 66 S. 2d 1, 1933 Ky. LEXIS 987 ( Ky. 1933). The conveyance of an expectancy is void. If the minor has no conservator or the conservator declines to act, the transferor, the legal representative of the transferor or of the custodian, an adult member of the minor's family, or any other interested person may petition the court to designate a successor custodian. If the adopted budget contains an increase of greater than fifteen percent (15%) from the previous year's budget, set a date for a meeting of the unit owners to consider ratification of the budget, which meeting shall not be less than fourteen (14) days nor more than thirty (30) days after providing the summary. I make this will expressly for the benefit and maintenance of my wife, " the will vested a fee-simple title in the widow. See Brooks v. Brooks, 104 S. 392, 31 Ky. 969 (1907); Smith v. 1909); Wright v. 1910); Anderson v. Hart, 260 Ky. 237, 84 S. 2d 28, 1935 Ky. 1935). Black v. National Bank of Kentucky, 226 Ky. 152, 10 S. 2d 629, 1928 Ky. 1928). Simpson's Ex'x v. Loving, 66 Ky. 458, 1867 Ky. 1867). Fixture filings are not required to be recorded with mortgages in a mortgage book, but a duplicate filing may be made in the mortgage book at the request of the secured party if the fixture filing complies with KRS Chapter 382; however, there is no statutory direction as to the chronological order of filing. All the provisions of the law, including this section, KRS 382. If Acts 1966, chapter 210, is constitutional, it repealed this section by implication as applied to Campbell County so that the courthouse district commissioners have no responsibility in connection with the subject index work. Under this section the tenant is relieved of rent for the remainder of his term if the premises are destroyed by fire but his right to contract otherwise is recognized.