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LURDING v. SONNE

480 S.W.2d 173 (1972)

Madeline M. LURDING, Appellant, v. Irvine H. SONNE et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied June 9, 1972.

Attorney(s) appearing for the Case

William B. Cohen, Carl K. Helman, Grant M. Helman, Louisville, for appellant.

Blakey Helm, Martin J. Duffy, Jr., Louisville, for appellees.

OSBORNE, Judge.

This is an action for declaration of rights to determine: (1) Whether a wife's dower interest was sold in a forced sale under a distraint warrant; and, (2) If her rights were not sold, did she waive her right to dower interest in the property by accepting certain proceeds from the sale?

The trial court held the wife waived her dower interest in the property by accepting proceeds from the sale. We are of the opinion this ruling was in error...

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