Legal Opinion

Conner v. Downer

Court of Appeals of Kentucky

Decided February 25, 1868PublishedCited by 5 opinions

CASE 87 — PETITION EQUITY APPEAL FROM TODD CIRCUIT COURT. CITED— Revised Statutes, section 5, chapter 62. CITED— Revised Statutes, section 5, article 1, chapter 63; section 18, chapter 80. 10 B. Mon., 50; Neely, fyc., vs. Butler. 9 B. Mon., 60; Orr vs. Holliday. 6 Mon., 179; Adams vs. Logan. 5 Littcll, 315; Garner’s adm’r vs. Strode. 2 Duvall, 284; Lane vs. Berry.

1Opinion of the CourtChief Justice Williams

delivered the oprarou op toe couet:

The grandfather of appellant, Mrs. Ann Eliza Conner, having died a resident of Virginia, devised to her mother a tract of wild land, in Todd county, Kentucky. The mother having died previous to the year 1835, also a resident of Virginia, this land descended to her four children and heirs-at-law.

The surviving husband, and father of appellant, Ann Eliza, never having had actual seisin, was not entitled to curtesy, therefore, she and her co-heirs were the holders of the legal title with the right of immediate entry.

In the year of 1835 this land was sold by…

2Cited by5 opinions

  1. Stillwell v. LeavyCourt of Appeals of Kentucky · 1883
  2. Turner v. BegleyCourt of Appeals of Kentucky (pre-1976) · 1931
  3. Foust v. HillCourt of Appeals of Kentucky (pre-1976) · 1926
  4. Louisville & Nashville Railroad v. ThompsonCourt of Appeals of Kentucky · 1899
  5. Butler v. McMillanCourt of Appeals of Kentucky · 1889

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