Legal Opinion

Atherton v. Warren

Court of Appeals of Kentucky

Decided March 16, 1905PublishedCited by 9 opinions

Case 20. — ACTION BY E.'L. WARREN AND OTHERS FOR THE PARTITION OP PROPERTY, AT THE SALE OP WHICH P. L. ATHERTON BECAME THE PURCHASER. Appeal from Jefferson Circuit Court, Common: Pleas (1st Division.) Em:met Field, Judge. From an order confirming the sale the purchaser, P. L. Atherton appeals. We desire to state that this action is simply brought for the purpose of perfecting the title to the property in controversy.

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Case 20. — ACTION BY E.'L. WARREN AND OTHERS FOR THE PARTITION OP PROPERTY, AT THE SALE OP WHICH P. L. ATHERTON BECAME THE PURCHASER. Appeal from Jefferson Circuit Court, Common: Pleas (1st Division.) Em:met Field, Judge. From an order confirming the sale the purchaser, P. L. Atherton appeals. We desire to state that this action is simply brought for the purpose of perfecting the title to the property in controversy. The purchaser is perfectly willing to take the property and the appellees are entirely willing that he should have it, the sale being an advantageous one to all parties…

1Opinion of the Court

Opinion by

Judge Paynter

Affirming.

This action was instituted under sec. 490, Civil Code Prac., for the sale of property on the southwest corner of Chestnut and Fourth streets, in the city of Louisville. The property can not he divided without materially impairing its value. It belongs to the estate of L. L. Warren, who died leaving a widow and nine children. Each child took an undivided one-ninth interest, subject to the widow’s dower. The widow is dead, and a daughter died before her mother, leaving her husband, Eugene W. Lee, Sr., and four children, two of whom, Eugene W. Lee and George P.…

2Cases cited5 opinions

  1. Malone v. ConnCourt of Appeals of Kentucky · 1893
  2. Kean v. TilfordCourt of Appeals of Kentucky · 1884
  3. Dineen v. HallCourt of Appeals of Kentucky · 1901
  4. Berry v. LewisCourt of Appeals of Kentucky · 1904
  5. Swearingen v. AbbottCourt of Appeals of Kentucky · 1896

3Cited by9 opinions

  1. Cammack v. AllenCourt of Appeals of Kentucky · 1923
  2. Hatterich v. BruceCourt of Appeals of Kentucky · 1912
  3. Dodd v. ScottCourt of Appeals of Kentucky · 1911
  4. Fullenwider v. JohnsonCourt of Appeals of Kentucky · 1911
  5. VanMeter v. VanMeterCourt of Appeals of Kentucky · 1914

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