Mullins v. Mullins
Court of Appeals of Kentucky
Case 80. — ACTION BY JOHN W. MULLINS AGAINST ANNA iH. MULLINS, &c., TO SET ASIDE A CONVEYANCE OF LAND. Appeal from Letcher Circuit Court. M. J. Moss, Circuit Judge. On motion of defendants to set aside a judgment by default and for permission to file, an answer. From an order denying such relief defendants appeal..
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Case 80. — ACTION BY JOHN W. MULLINS AGAINST ANNA iH. MULLINS, &c., TO SET ASIDE A CONVEYANCE OF LAND. Appeal from Letcher Circuit Court. M. J. Moss, Circuit Judge. On motion of defendants to set aside a judgment by default and for permission to file, an answer. From an order denying such relief defendants appeal.. POINTS AND AUTHORITIES. 1. Where the grantor executes and acknowledges a deed and causes same to be recorded in the proper office, the law raises the presumption that he delivered the instrument on the day of its date. (Bunnell v. Bunnell, 23 Ky. Law Rep., 800, 110 Ky., —■; Brann…
1Opinion of the Court
Opinion by
Judge Nunn
Reversing.
The appellee, John W. Mullins, is the father of the appellants, Anna H. Mullins, William Mullins, Sarah Mullins and Mahulda Mullins. On August 31, 1886, in consideration of “favor and affection,” the appellee signed, acknowledged, and put to record a deed conveying to the four children named, “his heirs and all his heirs hereafter,” the tract of land herein described, reserving the walnut trees theretofore sold and right of way for their removal. On June 13, 1898, appellee filed his petition in equity in the Letcher Circuit Court, making the appellants…
2Cases cited3 opinions
- Bunnell v. BunnellCourt of Appeals of Kentucky · 1901
- McMakin v. StrattonCourt of Appeals of Kentucky · 1884
- Owings v. TuckerCourt of Appeals of Kentucky · 1890
3Cited by4 opinions
- Merritt v. CravensCourt of Appeals of Kentucky · 1916
- Rhodes v. RhodesCourt of Appeals of Kentucky (pre-1976) · 1953
- Cates v. CatesCourt of Appeals of Kentucky · 1913
- Combs v. IsonCourt of Appeals of Kentucky · 1916