Murphey's Heirs & Devisees v. Murphey
Court of Appeals of Kentucky
Appeal from the Cumberland County Court. Motion. Case 59. Casa stated. A non-resident snaking a motion in the County Court, where costs may be adjudged against him or her, should berequired to give bond and surety for costs. The County CIs. have no jurisdiction to assign dower, except in cases where the husband -¿fad seized, and -the right of dower is admitted or not contested. (iSibb 462, cited and approved.)
1Opinion of the CourtChief Justice Ewing
Polly Motrphey, a resident of Virginia, claiming to be the widow of Peyton Murphey, deceased, by her agent, moved the Cumberland County Court to appoint commissioners to assign her dower in the real and personal estate of the said decedent. The heirs and devisees of the decedent appeared and objected to the proceedings on ■several grounds, two of which only we will notice:
1st. That security for costs had not been given, and their motion requiring security was overruled.
2d. That under the circumstances proven, the Court had no jurisdiction of the case.
1st. The statute was intended to secure to…
2Cases cited1 opinion
- Rintch v. CunninghamCourt of Appeals of Kentucky · 1816
3Cited by1 opinion
- Lexington & Eastern Railway Co. v. SextonCourt of Appeals of Kentucky · 1921