Houck v. Camplin
Houck v. Camplin
Opinion of the Court
delivered the opinion of the court.
The rights of the parties to this suit accrued under the laws of the state of Kentucky; consequently we must resort to those laws in order to ascertain them. The mother of the complainant, Margaret Houck, had an interest by way of remainder in certain slaves. Pending a suit for their distribu
In whatever light this question may be regarded by the laws of this state, in Kentucky it is well settled that if any interest in a chattel vests in a female before or during cover-ture, although a particular estate may exist in it undetermined, so that no possession is acquired by the husband during the life of the wife, the right will belong to the husband in case he survives, and pass to his administrator. (Ewing’s Heirs v. Handley’s Exec’rs, 4 Litt. 348 ; Irvin v. Divine, 7 Mon. 246 ; Baker v. Red, 4 Dana, 163.)
In the case under consideration, the rights vested long before the act of the general assembly of the state of Kentucky of 1845-6, by which the interest of the husband in his wife’s estate was restricted. The judgment is affirmed;
Reference
- Full Case Name
- Houck and wife, in Error v. Camplin, in Error
- Status
- Published