Legal Opinion

Worthington v. Crabtree

Court of Appeals of Kentucky

Decided December 30, 1858PublishedCited by 3 opinions

CASE 24 — PETITION EQUITY Al'rEAL FROM DAVIESS CIRCUIT COURT. The facts appear in the opinion of the court. The interest of all parties required a sale of the slave. If this is refused, there is “good cause” shown to require the appellee to give bond, with surety, for the forthcoming of the slave, as provided by the Revised Statutes, {p. 628, sec. 9.) The law does not authorize a judgment for the sále of the slave.

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CASE 24 — PETITION EQUITY Al'rEAL FROM DAVIESS CIRCUIT COURT. The facts appear in the opinion of the court. The interest of all parties required a sale of the slave. If this is refused, there is “good cause” shown to require the appellee to give bond, with surety, for the forthcoming of the slave, as provided by the Revised Statutes, {p. 628, sec. 9.) The law does not authorize a judgment for the sále of the slave. If it did, the proceedings do not conform to the requisitions of the statute. Nor do the law or facts justify the court to require bond of the holder of the life estate for the…

1Opinion of the Court

JUDGE STITES

delivered the opinion of the court:

Mrs. Worthington, one of the appellants, and her sisters, who were also married women, were entitled, as devisees of their father, Isaac Crabtree, deceased, to a remainder interest in a slave named Henry, Mrs. Crabtree, the widow of the testator and owner for life of the slave, had sold her life estate in him to the appellee, Colston Crabtree.

This suit was brought by Worthington and wife against the appellee in order to obtain a sale of the slave, and a distribution of the proceeds among all parties, according to their several *480interests. The…

2Cited by3 opinions

  1. Downey v. LevensonMassachusetts Supreme Judicial Court · 1924
  2. Commonwealth v. KeyesMassachusetts Supreme Judicial Court · 1858
  3. Dole v. JohnsonMassachusetts Supreme Judicial Court · 1862

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