Pope v. Brassfield
Court of Appeals of Kentucky
Case 15 — Action to Recover Land — APPEAL FROM WHITLEY CIRCUIT COURT. Jddgment for Defendant and Plaintiffs Appeal. James M. Pope’s wife, Eleanor, was the daughter of Joshua Tye, and she died before her father, leaving her husband and six children surviving her. After her death, her father, Joshua Tye, died, leaving certain land, which was allotted to his heirs.
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Case 15 — Action to Recover Land — APPEAL FROM WHITLEY CIRCUIT COURT. Jddgment for Defendant and Plaintiffs Appeal. James M. Pope’s wife, Eleanor, was the daughter of Joshua Tye, and she died before her father, leaving her husband and six children surviving her. After her death, her father, Joshua Tye, died, leaving certain land, which was allotted to his heirs. James M. Pope, believing he was entitled to the share of his wife during his life, the part belonging to her six children was laid off to Jas. M. Pope, and this land he' sold to Brassfield and Nelson Tye, who, and their vendees, have…
1Opinion of the Court
Opinion of the doubt by
JUDGE HOBSON
Reversing.
Appellants filed their petition in equity in this case on January 14, 1892, in which they alleged that they were the only children and heirs at law oí Eleanor Pope, deceased, and as such were the owners and entitled to the possession of the two tracts of land in controversy; containing together 208 acres; that appellees, without right or title, were in possession of the land, and had so held it for more than a month. They prayed judgment for the land and $50 damages. Appellees, by their answer, decided that appellants owned' the land, and alleged…
2Cases cited17 opinions
- Thomson v. ThomsonCourt of Appeals of Kentucky · 1892
- Commonwealth v. GibsonCourt of Appeals of Kentucky · 1887
- Greenhill v. BiggsCourt of Appeals of Kentucky · 1887
- Henderson v. DupreeCourt of Appeals of Kentucky · 1885
- Chambers v. PleakCourt of Appeals of Kentucky · 1838
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3Cited by11 opinions
- New Domain Oil Gas Co. v. Gaffney Oil Co.Court of Appeals of Kentucky · 1909
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- Frazier v. MorrisCourt of Appeals of Kentucky · 1914
- Wise v. WolfCourt of Appeals of Kentucky · 1905
- Johnson v. MyerCourt of Appeals of Kentucky · 1916
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