Howard v. Singleton
Court of Appeals of Kentucky
Case 56 — PETITION ORDINARY — 1. Undei; the. Code, there is no such thing as general pleading. (Civi; Code, sec. 95.) " And under no- system of pleading, common law or Code, can the ■defendant admit the.facts from which .the law infers ownership and then merely deny the ownership. If he admits the seizin of the plaintiffs he is required, if he claims tifie in himself, to plead spedallj-his derivation of title.
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Case 56 — PETITION ORDINARY — 1. Undei; the. Code, there is no such thing as general pleading. (Civi; Code, sec. 95.) " And under no- system of pleading, common law or Code, can the ■defendant admit the.facts from which .the law infers ownership and then merely deny the ownership. If he admits the seizin of the plaintiffs he is required, if he claims tifie in himself, to plead spedallj-his derivation of title. Nor is the mere averment that defendant “ claims ” a certain specified portion of the land a compliance with subsection 2 of section 125 of the Civil Code. 2. As the amended petition in…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion of the court.
The appellants, as the only heirs at law of John Higgins, who died in 1869, the owner of a lot of ¿round in Barbonrsville, Kentucky, brought this suit *338against the appellees for its recovery. In the first paragraph of their petition they set np their heir-ship, the seizin and ownership of their ancestor and the description of the premises. In the second they allege ownership and right of immediate possession, and aver that the defendants are in the wrongful possession, to their damage, &c. The answer of each of the defendants denies every…
2Cases cited1 opinion
- Shelby v. HarrisonCourt of Appeals of Kentucky · 1886
3Cited by11 opinions
- Goff v. RenickCourt of Appeals of Kentucky · 1913
- Ellis v. Smith's GuardianCourt of Appeals of Kentucky · 1912
- Dean v. BrownCourt of Appeals of Kentucky (pre-1976) · 1935
- Kaze v. Wheat's GuardianCourt of Appeals of Kentucky (pre-1976) · 1928
- Smith v. SmithCourt of Appeals of Kentucky (pre-1976) · 1934
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