Hopkins v. Crouch
Court of Appeals of Kentucky
Case 43 — PETITION APPEAL PROM BOURBON COUNTY COURT. Where there is a vested interest in all the parties sec. 499 of Civil Code authorizes a division of the land between the parties, according to their respective interests.
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Case 43 — PETITION APPEAL PROM BOURBON COUNTY COURT. Where there is a vested interest in all the parties sec. 499 of Civil Code authorizes a division of the land between the parties, according to their respective interests. (Blakely v'. Colder, 15 N. Y., 617; JEean v. Tilford, 5 Law Eep., 659; Adams’ Equity, 493; Scoville v. Hilliard, 48 111., 453; Hilliard v. Scoville, 52 111., 449.) Until there is a right of possession in each of those having title jointly to land there can be no division under sec. 499 of Civil Code.
1Opinion of the Court
JÜDGE BENNETT
delivered the opinion op the court.
Laban Letton, by Ms last will, wMcli was probated in the Bourbon County Court in 1864, devised one-half of a tract of land, containing one hundred and fifteen acres, to Ms granddaughters, Mary L. and Nancy E. Hutsell, and the other half to his grandchildren Lida Crouch and J. B. Letton. • This land was devised subject to the life estate of E. T. Letton, widow of Laban Letton. The appellant, Mrs. Hopkins, bought the undivided interest of Mary L. and Nancy E. Hutsell in this tract of land. The appellant, Robert T. Hopkins, leased from Mrs. E. T.…
2Cited by1 opinion
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