Montgomery v. Stapp

Decided January 21, 1871

Court of Appeals of Kentucky · decided 1871-01-21

Vendor and Purchaser — Improvements—Married Woman’s Title Bond. Where improvements are made on land under a title bond which is void, the assessments should he made only to ameliorate and not for costs of them, and the material used from land should he deducted, and any .improvement made after notice to stop should he dis-allowed. Same. A married woman’s title bond is void, consequently there is no enforeible lien on her land therefor.

Decided 1871-01-21

¶1Opinion op the Court by

Judge Robertson :

¶2Tbe judgment in tbis case will be reversed for tbe following-reasons :

¶31. For improvements tbe apepllee is entitled only to ameliorations. And tbe assessment seems to have been made for tbe cost of them. And moreover tbe material used from tbe land ought, to be deducted, and any. improvement made after Mrs. Montgomery gave notice to stop should be disallowed.

¶42. As Mrs. Montgomery was covert when she signed tbe bond for a title tbe contract was void, consequently, there was no enforcible lien on her land. Tbe decree for selling her land was therefore unauthorized. Tbe appellee must look to her husband alone for reimbursement or reparation.

¶5Wherefore tbe judgment for tbe sale of the land is reversed and tbe cause remanded for proceedings against tbe husband alone.