O'Daniel v. Baxter
Court of Appeals of Kentucky
Case 32 — Action for an Injunction — APPEAL FROM MARION CIRCUIT COURT. JUDGMENT FOB DEFENDANTS AND PLAINTIFFS APPEAL. The pleadings, and the uncontradicted proof in the case, establish beyond question the following facts: Appellant, Mary D. O’Daniel’s mother, Mrs. Douglass and William Baxter, father of appellee, J. D. Baxter, owned the tract of knob land in controversy, Mrs. Douglass owning three-fourths and Baxter one-fourth.
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Case 32 — Action for an Injunction — APPEAL FROM MARION CIRCUIT COURT. JUDGMENT FOB DEFENDANTS AND PLAINTIFFS APPEAL. The pleadings, and the uncontradicted proof in the case, establish beyond question the following facts: Appellant, Mary D. O’Daniel’s mother, Mrs. Douglass and William Baxter, father of appellee, J. D. Baxter, owned the tract of knob land in controversy, Mrs. Douglass owning three-fourths and Baxter one-fourth. For fifty years or more a road had been in use extending from the Rolling Fork of Salt River, through this tract of land, and over the lands of divers other persons,…
1Opinion of the Court
*336Opinion op the court
by JUDGE O’REAR —
Reversing.
The ancestor of Mary D. O’Daniel owned a three-fourths undivided .interest in a tract of land in Marion county, Ky., and the ancestor of James D. Baxter owned the other-fourth. It -seems that the appellant and appellee named are the sole real representatives of their respective ancestors. A proceeding was had in the Marion circuit court to partition this land, to which it is claimed appellant’s ancestor was not a party. She took possession of the part allotted 'to her, and appellee likewise took possession of the portion allotted to him, each…
2Cases cited1 opinion
- Lebus v. BostonCourt of Appeals of Kentucky · 1899
3Cited by18 opinions
- Dalton v. Real Estate & Improvement Co.Court of Appeals of Maryland · 2001
- Himler Coal Co. v. KirkCourt of Appeals of Kentucky · 1924
- Wermeling v. WermelingCourt of Appeals of Kentucky (pre-1976) · 1928
- Stone v. BurkheadCourt of Appeals of Kentucky · 1914
- Coffee v. HarrisWyoming Supreme Court · 1921
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