Ashbrook v. Quarles' Heirs
Court of Appeals of Kentucky
Ejectment. Case 4. ERROR TO BALLARD CIRCUIT. The case is fully stated in the opinion of the court. The circuit court erred in overruling the plaintiff’s motion for a new trial. Though the points made by the plaintiff’s counsel for a. new trial were numerous, three only will be relied upon in the discussion. 1. ,The suit was barred by the statute of limitations.
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Ejectment. Case 4. ERROR TO BALLARD CIRCUIT. The case is fully stated in the opinion of the court. The circuit court erred in overruling the plaintiff’s motion for a new trial. Though the points made by the plaintiff’s counsel for a. new trial were numerous, three only will be relied upon in the discussion. 1. ,The suit was barred by the statute of limitations. There is no proof in this record to show that the heirs of Henry Quarles, or the heirs of Francis Quarles, were protected by disability at the time the right of entry accrued. No facts are proved to repel the effect of the operation of…
1Opinion of the Court
Judge Simpson
delivered the opinion of the Court.
The heirs at law of Francis Quarles brought an action for the recovery of a tract of land in Ballard county, which was in the possession of the defendant, Margaret Ashbrook. The plaintiffs, in the court below, claimed the land sued for, under a patent to Henry Quarles, bearing date in 1826, which was issued in consideration of part of a land office military warrant, entered in August, 1784. The husband of the defendant entered and settled upon the land in controversy in 1837, claiming under a patent dated in 1836, and continued to reside upon it…
2Cases cited3 opinions
- Floyd's Heirs v. JohnsonCourt of Appeals of Kentucky · 1822
- M'Intire's Heirs v. Funk's HeirsCourt of Appeals of Kentucky · 1824
- May's Heirs v. BennettCourt of Appeals of Kentucky · 1823