Murrell's adm'r v. McAllister
Court of Appeals of Kentucky
Case 65 — EQUITY APPEAL FROM HENDERSON COURT OF COMMON PLEAS. 1. The court erred in substituting appellee as plaintiff, instead of the-original plaintiffs in the action. 2. The Civil Code has specifically prescribed who shall be parties to-actions. Appellee, as receiver, cannot institute an original action, to the exclusion of the real parties in interest. 3. The action is barred by limitation.
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Case 65 — EQUITY APPEAL FROM HENDERSON COURT OF COMMON PLEAS. 1. The court erred in substituting appellee as plaintiff, instead of the-original plaintiffs in the action. 2. The Civil Code has specifically prescribed who shall be parties to-actions. Appellee, as receiver, cannot institute an original action, to the exclusion of the real parties in interest. 3. The action is barred by limitation. (1 R. S., 424, sec. 12; 16., 507,, sec. 25; Morehead & Brown St., 668; 1 Greenleaf, sec. 79.) 4. The judgment is not supported by the evidence. 1. The claims of all the parties, and all the claims in…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
On the 28th of November, in the year 1864, Josiah Veachqualified in the county court of Henderson as administrator of Charles Winfrey, deceased, and executed a bond of that *312■date with W. D. Stirman, Benj. Stout, H. C. -Elliott, and Henry Dugan, his sureties. Lewis Griffin, Mary Griffin, Charles-H. Winfrey, and others, claiming to be collateral heirs of the intestate, instituted an action in equity on the :27th of June, 1867, against Veach, the administrator; and Martin Vanada and others, who were alleged also to be heirs, and some of them unknown,…
2Cited by7 opinions
- Robinson's Committee v. Elam's Ex'rCourt of Appeals of Kentucky · 1890
- Holland v. LoweCourt of Appeals of Kentucky · 1897
- Baugh's Administratrix v. Baugh's AdministratorCourt of Appeals of Kentucky · 1914
- Craddock v. PaytonCourt of Appeals of Kentucky · 1902
- Keehner v. BurchnellCourt of Appeals of Kentucky (pre-1976) · 1947
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