Legal Opinion

Baker v. Grundy's heirs

Court of Appeals of Kentucky

Decided January 5, 1864Published

CASE 23 — BILL OF REVIEW cited 5 Dana, 223 ; 5 B. M., 364; 4 Mon., 541; 8 B. M., 367, 119 ; 5 Lilt., 36.

1Opinion of the Court

JUDGE ROBERTSON

delivered the opinion of the court:

This is a bill of review to which the appellant pleads time as a bar. Without any saving disability, a bill of review, like a writ of error, is limited to three years. Cumulative disabilities are unavailing. In personal actions, whenever the bar begins, it runs on without regard to intervening disabilities; but in suits for land, if a litigant claimant die before his remedy shall have been barred by time, and his successor by descent labor under disability at the time of his death, the limitation is suspended during the period of the…

2Cases cited2 opinions

  1. M'Intire's Heirs v. Funk's HeirsCourt of Appeals of Kentucky · 1824
  2. Machir v. MayCourt of Appeals of Kentucky · 1815

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