Legal Opinion

Woodward v. Johnson

Court of Appeals of Kentucky

Decided January 15, 1906PublishedCited by 2 opinions

CASE 19 — ACTION BY JOHN T. WOODWARD AGAINST GEORGE W. JOHNSON TO RECOVER LAND. — Feb-ruai-y 28. Appeal from Lewis Circuit Court. Jambs P. HaejbesoN, Circuit Judge. Judgment for defendants, plaintiff appeals.

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CASE 19 — ACTION BY JOHN T. WOODWARD AGAINST GEORGE W. JOHNSON TO RECOVER LAND. — Feb-ruai-y 28. Appeal from Lewis Circuit Court. Jambs P. HaejbesoN, Circuit Judge. Judgment for defendants, plaintiff appeals. POINTS MADE AND AUTHORITIES CITED IN BRIEF. 1. There being neither allegation or proof showing that the execution creditor, James Lowder, had notice of the pendency of the action of Hannah E. Seaton to enforce her equitable lien in the Greenup circuit court the purchaser of the land sold under execution of Lowder v. Harlan’s and Pogue on March 21, 1864, the purchaser at the sale acquired…

1Opinion of the Court

OPINION by

Judge O’Reae.

— Reversing.

This action in ejectment was brought by appellant to recover the possession of a tract of 500 acres of land in Lewis county, hostilely held by appellees. The tract was within the grant to Thomas Keith for 20,626 acres, made in 1787, which now lies in Greenup and Lewis counties, mostly in Greenup'. Kieth conveyed in 1794, to Joshua Harlan, of, Philadelphia, but the deed was not recorded till 1851. Kieth having died shortly after he made the deed, his heirs at law’ in about 1845 conveyed the land to> Samuel Seaton, who entered into the possession of the…

2Cases cited25 opinions

  1. Breit v. YeatonIllinois Supreme Court · 1881
  2. Trimble v. SmithCourt of Appeals of Kentucky · 1815
  3. Doyle v. SleeperCourt of Appeals of Kentucky · 1833
  4. Watson v. WilsonCourt of Appeals of Kentucky · 1834
  5. Righter v. ForresterCourt of Appeals of Kentucky · 1866

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3Cited by2 opinions

  1. Turk v. Wilson's HeirsCourt of Appeals of Kentucky (pre-1976) · 1936
  2. Louisville Asphalt Co. v. CobbCourt of Appeals of Kentucky (pre-1976) · 1949

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