Brandenburg v. McGuire
Court of Appeals of Kentucky
Case 2 — ACTION TO SUPPLY LOST DEED 1. The lower court erred in overruling the demurrer to the petition because according to the allegations of the petition, taking them as true, the defendants were not necessary parties to the action. 2. It was further error to refuse to permit defendants to file an amended answer pleading the statute of limitations. The period of limitation is fifteen years. 3. Under the facts, the judgment is erroneous.
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Case 2 — ACTION TO SUPPLY LOST DEED 1. The lower court erred in overruling the demurrer to the petition because according to the allegations of the petition, taking them as true, the defendants were not necessary parties to the action. 2. It was further error to refuse to permit defendants to file an amended answer pleading the statute of limitations. The period of limitation is fifteen years. 3. Under the facts, the judgment is erroneous. There is no competent evidence to establish the fact that the deed was ever recorded. 1. Lapse of time in equity is only permitted to bar an action upon…
1Opinion of the Court
JUDGE GUFFY
delivered the opinion op the court.
This action was instituted by the appellee against the appellants in the Owsley circuit court, under section 10, c. 72, p. 912, Gen. Stat., to supply a lost deed claimed to have been recorded in the Owsley county clerk’s office in the year 1862, and to have been destroyed. The appellants denied the execution of the deed and its destruction. Upon final hearing, the court rendered judgment directing the defendants to convey the land" in question, and, upon their failure to do so, adjudged that the master commiS' *12sioner should make the conveyance,…
2Cases cited1 opinion
- Allen v. FromanCourt of Appeals of Kentucky · 1894
3Cited by6 opinions
- Pond Creek Coal Co. v. HatfieldCourt of Appeals for the Sixth Circuit · 1917
- Clifton Mfg. Co. v. United StatesCourt of Appeals for the Fourth Circuit · 1935
- Fidelity & Deposit Co. v. McQuadeCourt of Appeals for the D.C. Circuit · 1941
- Northwestern Ice & Cold Storage Co. v. E. Henry Wemme Endowment FundOregon Supreme Court · 1938
- Williams v. American Ass'nCourt of Appeals for the Sixth Circuit · 1912
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