Hefferman v. Forward
Court of Appeals of Kentucky
Error to tub Louisville Chancery Court. ClIANCERY. Casts 127. Case stated and decree of the Chancellor. By the statute of 1792, (1 Slat. Laws, 316,) it is obviously intended to make real estate descended lo heirs subject to the payment of the debts oí the decedent. The statute of 1819, (1 Slat. Laws, 780,) authorizes a sepa, rate action against heirs when no administration is granted for 12 months after death of debtor.
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Error to tub Louisville Chancery Court. ClIANCERY. Casts 127. Case stated and decree of the Chancellor. By the statute of 1792, (1 Slat. Laws, 316,) it is obviously intended to make real estate descended lo heirs subject to the payment of the debts oí the decedent. The statute of 1819, (1 Slat. Laws, 780,) authorizes a sepa, rate action against heirs when no administration is granted for 12 months after death of debtor. Where there has tratSon°aforitti2 months, the equity,ma^tmder soCtararegarded as the representatives of the personalty as tyfasfo'’authoríainsTthem'by a creditor, to .sonaHy-1…
1Opinion of the Court
CiriEi' Justice Ewing
delivered the opinion of the Court.
Owen Carrell died in the county of Jefferson, leaving a widow and two infant children. Just before he dkd, Forward, by force, took from his possession a negro gill, claiming her as his own, and afterwards sold her, but whether before or after the death of Carrell, does not appear. The widow and children of Carrell removed out of the State, and after his death, twelve monlhs having expire! without administration upon his estate, Hefferman filed this bill against Forward and the widow and unknown heirs of Carrell, to subject (he slave or…
2Cited by2 opinions
- Higgins v. UtterbackCourt of Appeals of Kentucky · 1916
- O'Bannor v. CordCourt of Appeals of Kentucky · 1880