Stillwell v. Leavy
Court of Appeals of Kentucky
Case 53 — PETITION APPEAL FROM WOODFORD CIRCUIT COURT. (Brief not in record.) 1. As the petition shows on its face that the alleged cause of action is barred by the thirty years’ statute of limitations, it was not necessary for the defendant to plead the statute.
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Case 53 — PETITION APPEAL FROM WOODFORD CIRCUIT COURT. (Brief not in record.) 1. As the petition shows on its face that the alleged cause of action is barred by the thirty years’ statute of limitations, it was not necessary for the defendant to plead the statute. (Chiles v. Drake, 2 Met., 146; Rankin v. Turney, 2 Bush, 555; Board v. Jolly, 5 Bush, 86; Conner and Wife v. Donner, &c., 4 Bush, 631.) 2. In no event and under no circumstances does a right of action for the recovery of real estate exist for more than thirty years after it has. accrued. (MedlocU, &c., v. Suter, &e., 80 Hy., 101.) 3.…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion oe the court.
L. I. Fleming died, in Woodford county, Ky., the county of his residence, in the year 1843. He left a last will and testament, which was duly probated in the Woodford County Court.
In said will there is a clause as follows:
“I next leave my land claims in Woodford and Scott counties, together with the negroes thereon, the stock of every kind, all the farming tools, household and kitchen furniture, to my wife, Nancy Fleming, for the support of all the family, and to be divided between her children by me, at her discretion, to-wit: John and James,…
2Cases cited5 opinions
- Chiles v. DrakeCourt of Appeals of Kentucky · 1859
- Medlock v. SuterCourt of Appeals of Kentucky · 1882
- Rankin v. TurneyCourt of Appeals of Kentucky · 1866
- Board v. JollyCourt of Appeals of Kentucky · 1868
- Conner v. DownerCourt of Appeals of Kentucky · 1868
3Cited by14 opinions
- Patterson v. CommonwealthCourt of Appeals of Kentucky · 1887
- Cox v. SimmermanCourt of Appeals of Kentucky (pre-1976) · 1932
- Forman v. GaultCourt of Appeals of Kentucky (pre-1976) · 1930
- Gibney v. FitzsimmonsWest Virginia Supreme Court · 1898
- Low v. RamseyCourt of Appeals of Kentucky · 1909
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