Jones v. Edwards
Court of Appeals of Kentucky
Case 1 — PETITION ORDINARY APPEAL FROM GRAVES CIRCUIT COURT. 1. The Court erred in rejecting as evidence the record of the suit in the-Graves Circuit Court of Smith’s executors v. Smith’s devisees, &c. 2. This Court will presume that all the decedent’s devisees had been summoned, inasmuch as about thirty years had elapsed, and the Court had general jurisdiction.
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Case 1 — PETITION ORDINARY APPEAL FROM GRAVES CIRCUIT COURT. 1. The Court erred in rejecting as evidence the record of the suit in the-Graves Circuit Court of Smith’s executors v. Smith’s devisees, &c. 2. This Court will presume that all the decedent’s devisees had been summoned, inasmuch as about thirty years had elapsed, and the Court had general jurisdiction. Although the record did not show actual service of summons upon three of the devisees, yet it should be presumed that the Court had all the parties before it. 1. It was necessary that the infant devisees of Peter Smith should…
1Opinion of the Court
JUDGE ELLIOTT
delivered the opinion of the court.
In this action of ejectment by appellants against appelleesthe former offered in evidence the deed from J. H. Terrill to H. L. Jones, which was refused, and they excepted. They then offered in evidence the record of the DaviessCircuit Court, in the suit of A. B. Barrett, executor of Peter Smith, deceased, against Peter Smith’s heirs and creditors, which was also refused, and appellants excepted.
The evidence in the record conduces to prove that, previous to the year 1855, John H. Terrill and Peter F. Smith entered into a partnership in the…
2Cases cited8 opinions
- Hahn v. KellyCalifornia Supreme Court · 1868
- Withers v. PattersonTexas Supreme Court · 1864
- Evans v. AshbyIndiana Supreme Court · 1864
- Holmes v. CampbellSupreme Court of Minnesota · 1867
- Spaulding v. BaldwinIndiana Supreme Court · 1869
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Harrod v. HarrodCourt of Appeals of Kentucky · 1915
- Farnsworth v. BarretCourt of Appeals of Kentucky · 1912
- Ratliff v. ChildersCourt of Appeals of Kentucky · 1917
- Anderson's Committee v. Anderson's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1914
- Bamberger v. GreenCourt of Appeals of Kentucky · 1912
8 more not listed; retrieve them via the Exa API.