188 Ky. 762 | Ky. Ct. App. | 1920
Opinion of the Court by
Affirming.
In the year 1892, Polly McCoy, a daughter of Uriah McCoy of Pike county, was married to Frank Bragg. Upon their marriage they moved to West Virginia, where they resided until about the year 1917, when they returned to Pike county. Uriah McCoy died in the year 1893, and his land was partitioned among his children, lot No. 7 being allotted to Polly Bragg.- In the year 1895, Frank Bragg, the husband of Polly Bragg, came
This suit was brought by McCoy for specific performance, but he subsequently filed an amended petition asking that if specific performance be not decreed, he be adjudged a lien on the land to the extent that the improvements placed thereon had increased its vendible value. On final hearing he was awarded a lien for $400.00, and Polly Bragg and her husband appeal.
The chancellor fixed the amount for which McCoy was awarded a lien after balancing the equities between the parties, and it is not pointed out wherein the amount is excessive. Indeed, the chief contention is mat a Married woman’s property cannot be made liable for improvements under the circumstances here presented. Though Frank Bragg, the husband of Polly Bragg, did not have the legal authority to make a binding sale on behalf of his wife, her active participation in the sale is shown not only by her own admission, but by the fact that after the sale and the terms thereof were reported to her, she acquiesced in the sale and for more than twenty years took no steps to recover the property. Furthermore, Howard McCoy was not versed in the law and it is clear that he entertained the honest belief that Prank Bragg had the authority to sell the property and vest him with title, and that he was therefore a purchaser in good faith. This view is confirmed by his taking possession of the property, paying all taxes thereon and erecting lasting improvements on the premises. That
Judgment affirmed.