Raymond v. Smith
Court of Appeals of Kentucky
CASE 15 — PETITION EQUITY APPEAL FROM HARRISON CIRCUIT COURT. The facts appear in the opinion of the court. If the order allowing the decree under which Raymond purchased the land to be entered nunc pro tunc was properly made, the prayer of the bill of review should have been granted by the court below; and we insist that the order was properly made.
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CASE 15 — PETITION EQUITY APPEAL FROM HARRISON CIRCUIT COURT. The facts appear in the opinion of the court. If the order allowing the decree under which Raymond purchased the land to be entered nunc pro tunc was properly made, the prayer of the bill of review should have been granted by the court below; and we insist that the order was properly made. (Tidd’s Practice, p. 661; McKey vs. Moore, 4 Bibb, 321; Bramlett’s heirs vs. Pickett’s heirs, 2 Mar., 10; Bank of Ky. vs. Lacey, &c., 1 Mon., 7; Varnon vs. Moore, 1 Mon., 213; Norton vs. Saunders, 7 J. J. Mar., 12; Roman vs. Caldwell’s heirs, 2…
1Opinion of the Court
JUDGE DUVALL
delivered the opinion of the court:
Raymond claims to have purchased the land in contest under an alleged decree of the Harrison circuit court, which, he contends, was rendered at the September term, 1840, in a suit in chancery, brought by Barker and others against Ross and others.
The evidence relied upon as establishing the fact that such decree, in the suit mentioned, was rendered, consists of a writing which was found among the papers of that suit, proved to have been in the hand-writing of the attorney, and purporting to be a decree of the court directing a sale of the land…
2Cited by7 opinions
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- Auxier v. AuxierCourt of Appeals of Kentucky · 1918
- Central State Hospital v. FoleyCourt of Appeals of Kentucky · 1916
- Louisville & Nashville Railroad v. KingCourt of Appeals of Kentucky (pre-1976) · 1926
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