Crosthwait v. Misener
Court of Appeals of Kentucky
Case 66 — PETITION EQUITY APPEAL PROM FAYETTE CIRCUIT COURT.
1Opinion of the Court
JUDGE ELLIOTT
delivered the opinion op the court.
We are of opinion that the ownership of the note sued on is sufficiently averred by the appellee. He charges that the note was executed to his testator; and, although he says the note was discounted in bank, he alleges that it is still his note, and exhibits it in his action. This court has often held that possession of á note is prima facie evidence of ownership, and appellee exhibits the note and claims it as his; that claim and possession will be respected till his title to the note is denied by the pleadings of his adversary.
We are also of…
2Cited by1 opinion
- Cottrell v. BarnesCourt of Appeals of Kentucky · 1880