Legal Opinion

O'Daniel v. Baxter

Court of Appeals of Kentucky

Decided December 17, 1901PublishedCited by 18 opinions

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

  1. Lebus v. BostonCourt of Appeals of Kentucky · 1899

3Cited by18 opinions

  1. Dalton v. Real Estate & Improvement Co.Court of Appeals of Maryland · 2001
  2. Himler Coal Co. v. KirkCourt of Appeals of Kentucky · 1924
  3. Wermeling v. WermelingCourt of Appeals of Kentucky (pre-1976) · 1928
  4. Stone v. BurkheadCourt of Appeals of Kentucky · 1914
  5. Coffee v. HarrisWyoming Supreme Court · 1921

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