McQuerry v. Gilliland
Court of Appeals of Kentucky
Case 65 — PETITION EQUITY APPEAL PROM LINCOLN CIRCUIT COURT. 1. In order to show heirship in mother, brothers and sisters, the petition must aver want of children and their descendants. It is not to be presumed a man died without issue. "When the fact is necessary to make out a complainant’s title it must be averred and proved.
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Case 65 — PETITION EQUITY APPEAL PROM LINCOLN CIRCUIT COURT. 1. In order to show heirship in mother, brothers and sisters, the petition must aver want of children and their descendants. It is not to be presumed a man died without issue. "When the fact is necessary to make out a complainant’s title it must be averred and proved. (Dudley v. Grayson, 6 M.on., 263.) 2. A Kentucky court will not adjudge a conveyance of realty situate in Iowa when, if the suit were instituted in Iowa, the* courts of that State, upon a like stale of facts, would not decree the conveyance, and when the Kentucky court…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion oí? the court.
The record, as we think, establishes .substantially the following state of .case: In 1849 the appellant, William McQuerry, and .his ..father, John McQuerry, ■ bought two-land warrants, .of one.-hundred and. sixty acres each, which had .been issued by the. Federal Government to . the -.soldiers. of the Mexican war.- These warrants were for land . in the. State of . Iowa. The appellant, by an arrangement with .his father, .went to.the State, of Iowa, in .company.with ,his younger brother, Milton Green McQuerry, then about seventeen years old, for…
2Cases cited1 opinion
- Massie v. WattsSupreme Court of the United States · 1810
3Cited by15 opinions
- Black v. Elkhorn Coal CorporationCourt of Appeals of Kentucky (pre-1976) · 1930
- Durham v. ScrivenerCourt of Appeals of Texas · 1923
- Rosenbaum v. EvansWashington Supreme Court · 1911
- Kaplon v. ChaseCourt of Appeals of Kentucky · 1985
- Gilliland v. InabnitSupreme Court of Iowa · 1894
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