Overton v. Overton
Court of Appeals of Kentucky
Case 39. — ACTION BY JOHN T. OVERTON AND OTHERS AGAINST JOSEPH OVERTON AND OTHERS TO REMOVE CLOUD ON LAND TITLE. — Appeal from Harlan Circuit Court. M. J. Moss, Circuit Judge. Judgment for Plaintiffs. Defendants appeal. " POINTS AND AUTHORITIES CITED. I. Plaintiffs suing for themselves and others. (Code See. 25.) (Story’s Eq. PI. Sec. 94, 97.) a. Petition and Summons must state names of parties. (Code Sec. 110.) (Stillwell v. Carpenter, 2 Abb. N. Cas. (N. Y.) 241.) b.
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Case 39. — ACTION BY JOHN T. OVERTON AND OTHERS AGAINST JOSEPH OVERTON AND OTHERS TO REMOVE CLOUD ON LAND TITLE. — Appeal from Harlan Circuit Court. M. J. Moss, Circuit Judge. Judgment for Plaintiffs. Defendants appeal. " POINTS AND AUTHORITIES CITED. I. Plaintiffs suing for themselves and others. (Code See. 25.) (Story’s Eq. PI. Sec. 94, 97.) a. Petition and Summons must state names of parties. (Code Sec. 110.) (Stillwell v. Carpenter, 2 Abb. N. Cas. (N. Y.) 241.) b. Caption must state that suit is on behalf of others. (Abbots Forms of PI. Vol. 1. p. 15; Whitney v. Mayo, 15 111. 255; Packard…
1Opinion of the Court
Opinion op Court by
John D. Carroll, Commissioner —
Reversing.
This action involves the title to 4,000 acres of land in Harlan county. The controversy between appellants and appellees concerning its ownership, grows cut of the following state of facts: In 1845 there was issued to John Taylor a patent for this land, and in 1874 he died in the State of Tennessee the owner of the land. During the period of his ownership, the land was considered of trifling value, and it does not appear that any person was in actual possession of it, or exercised any particular acts of ownership over it, but in…
2Cases cited3 opinions
- Griswold v. HepburnCourt of Appeals of Kentucky · 1865
- Remmington v. LewisCourt of Appeals of Kentucky · 1848
- Berry v. Owens' heirsCourt of Appeals of Kentucky · 1869
3Cited by11 opinions
- Young v. FitchCourt of Appeals of Kentucky · 1918
- Batman v. Louisville Gas & Electric Co.Court of Appeals of Kentucky · 1920
- Culton v. SimpsonCourt of Appeals of Kentucky (pre-1976) · 1936
- Illinois Central Railroad v. BakerCourt of Appeals of Kentucky · 1913
- Turk v. Wilson's HeirsCourt of Appeals of Kentucky (pre-1976) · 1936
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