Dukes v. Davis
Court of Appeals of Kentucky
CASE 36. — ACTIONS BY MARY E. DAVIS AND ANOTHER AGAINST MATTIE E. DUKES AND ANOTHER AND AGAINST J. M. FRALEY AND ANOTHER, CONSOLIDATED, INVOLVING OWNERSHIP OF CERTAIN LAND. Appeal from McLean Circuit Court. T. F. Birkhead, Circuit Judge. From judgments for plaintiffs, defendants appeal.
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CASE 36. — ACTIONS BY MARY E. DAVIS AND ANOTHER AGAINST MATTIE E. DUKES AND ANOTHER AND AGAINST J. M. FRALEY AND ANOTHER, CONSOLIDATED, INVOLVING OWNERSHIP OF CERTAIN LAND. Appeal from McLean Circuit Court. T. F. Birkhead, Circuit Judge. From judgments for plaintiffs, defendants appeal. POINTS ARGUED AND AUTHORITIES CITED. 1. The certificate of acknowledgment imports verity; and can. only be - attacked upon an allegation of mistake in, the officer, or fraud in the party to be benefited by it. (Ky. Statute, section 3750). 2. Bates caused his deed to be recorded, entered into possession of the…
1Opinion of the Court
Opinion op the Court by
Judge Lassing
Reversing.
Mary E. Davis and her husband filed their suit in the McLean circuit court, seeking to recover of Mattie E. Dukes- and her husband 100 acres of land. She alleged that she was- the owner and entitled to the immediate possesion thereof, and that it was wrongfully withheld from her by the defendants, and had been so wrongfully withheld from her without right *316for more than five years last past before the filing of their suit. The defendants answered, denying that plaintiff Mary E. Davis was the owner of or entitled to the possession of the land…
2Cases cited7 opinions
- Blackburn v. CommonwealthCourt of Appeals of Kentucky · 1876
- Pribble v. HallCourt of Appeals of Kentucky · 1877
- Bransom v. ThompsonCourt of Appeals of Kentucky · 1883
- Cox v. GillCourt of Appeals of Kentucky · 1886
- Tichenor v. YankeyCourt of Appeals of Kentucky · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Dailey v. Lexington & Eastern Railway Co.Court of Appeals of Kentucky · 1918
- Liverpool & London & Globe Insurance v. WrightCourt of Appeals of Kentucky · 1914
- Campbell v. WhismanCourt of Appeals of Kentucky · 1919
- Rutland v. CommonwealthCourt of Appeals of Kentucky · 1914
- Hargis v. Flesher Petroleum Co.Court of Appeals of Kentucky (pre-1976) · 1929
10 more not listed; retrieve them via the Exa API.