Herr v. Martin
Court of Appeals of Kentucky
Case 61 — PETITION EQUITY APPEAL PROM BUTLER CIRCUIT COURT. This is not an action to quiet title, but an action to-cancel a conveyance in order to remove a cloud upon plaintiff’s title. To maintain such an action it is not necessary that plaintiff should be in possession.
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Case 61 — PETITION EQUITY APPEAL PROM BUTLER CIRCUIT COURT. This is not an action to quiet title, but an action to-cancel a conveyance in order to remove a cloud upon plaintiff’s title. To maintain such an action it is not necessary that plaintiff should be in possession. (2 Bouvier’s Law Diet., p. 415; Pope v. Stamby,'2 Bibb, 484; Ward v. Deering, 4 Mon., 45; Leigh v. Everhart, 4 Mon., 380; 6 J. J. Mar., 439; Mattingly v. Corbitt, 7 B. M., 376; Bissell v. Kellogg, 60 Barb., 617; Huntingdon v. Allen, 44 Miss., 454; Lyon v. Hunt, 11 Ala., 295; Anderson v. Hoop, 9 Ala., 704; Senaxy v. Hungar,…
1Opinion of the Court
•JUDGE BENNETT
delivered the opinion oe the court
The appellants allege in their petition and amended petition that they are the owners of a certain tract of .land in Butler county; that they are non-residents of the county, and have not the possession of said land, and the appellee has not the possession of it; that in 1882 they “sold” said land to the appellee, for which he was to pay the sum of six hundred dollars; that they sent a deed of conveyance, acknowledged, &c., to the Morgantown Deposit Bank, to be delivered to the •appellee; but he refused to accept the same, because he had, in the…
2Cited by13 opinions
- Childers v. YorkCourt of Appeals of Kentucky · 1920
- Cooper v. WilliamsonCourt of Appeals of Kentucky · 1921
- Michel v. StreamSupreme Court of Louisiana · 1895
- Commonwealth v. ClarkCourt of Appeals of Kentucky · 1904
- Cumberland Co. v. KellyCourt of Appeals of Kentucky · 1913
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