Petty v. Malier
Court of Appeals of Kentucky
Ord. pET. Case 13. APPEAL FROM ANDERSON CIRCUIT. Case stated. This suit was brought originally in the name of Polly Malier, to recover a tract of 130 or 140 acres of land lying in Anderson county, in the possession of Samuel B. and William B. Petty. The plaintiff recovered a judgment, which was reversed by this court, upon the ground mainly that the husband of the plaintiff had not united in the suit.
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Ord. pET. Case 13. APPEAL FROM ANDERSON CIRCUIT. Case stated. This suit was brought originally in the name of Polly Malier, to recover a tract of 130 or 140 acres of land lying in Anderson county, in the possession of Samuel B. and William B. Petty. The plaintiff recovered a judgment, which was reversed by this court, upon the ground mainly that the husband of the plaintiff had not united in the suit. On the return of the case to the Circuit Court, the petition was amended and Wesley Malier, the husband, made a plaintiff. Subsequently Mrs. Malier died, and the suit was revived in the name of…
1Opinion of the Court
Judge Simpson
delivered the opinion of the Court — -
Numerous questions are- presented in this case, none of which are of difficult solution.
The possession of the land in controversy, which was commenced by Cogswell in 1810, was cqntinued uninterruptedly during his life, and by his widow and children after his death, until S. B. Petty, in the year 1832 or 1833, set up claim to the land, and took possession of it, under the purchase he had made at sheriff’s sale. This possession, under Cogswell’s claim, was not disturbed by the judgment in ejectment in the Federal Court against Cromwell, the…
2Cases cited1 opinion
- Smith v. HornbackCourt of Appeals of Kentucky · 1823
3Cited by2 opinions
- Bannon v. Patrick Bannon Sewer Pipe Co.Court of Appeals of Kentucky · 1909
- Burley Tobacco Growers' Co-Operative Ass'n v. DevineCourt of Appeals of Kentucky (pre-1976) · 1926