Walker v. Yowell's Adm'r
Court of Appeals of Kentucky
Case 30 — PETITION EQUITY — Brief withdrawn. The action of the lower court in sustaining a demurrer to the petition for want of jurisdiction was proper. (Civil Code, sec. 62, subsecs. 1, 2;. 2 Bush, 49; Idem, 126; 7 Bush, 46.)
1Opinion of the CourtChief Justice Bennett
delivebed the opinion of the court.
This action was brought by the administrator and heirs of Emily J. Yowell, in the Anderson Circuit Court, for a sale of a tract of land lying in Mercer county, Ky., belonging to said Emily, and for a division of the proceeds, &c.
Section 66, Civil Code, reads: “An action for the distribution of the estate of a deceased person, or for its partition among his heirs, or for the sale for the payment of his debts, of property descended from or devised by him, must be brought in the county in which his personal representative was qualified.'’ The question is: Does…
2Cited by4 opinions
- Martin v. HallCourt of Appeals of Kentucky · 1913
- DeHaven v. DeHaven's AdministratorCourt of Appeals of Kentucky · 1898
- Kentucky Coal & Timber Development Co. v. Kentucky Union Co.District Court, E.D. Kentucky · 1914
- Daniel v. MiddletonCourt of Appeals of Kentucky · 1909