Simms v. Simms
Court of Appeals of Kentucky
Case 99 — PETITION EQUITY — APPEAL PROM LINCOLN CIRCUIT COURT. 1. In this proceeding, in the nature of a Writ of Right, it is not sufficient for defendant to simply deny plaintiff’s title, but he must plead and show title superior to plaintiff.
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Case 99 — PETITION EQUITY — APPEAL PROM LINCOLN CIRCUIT COURT. 1. In this proceeding, in the nature of a Writ of Right, it is not sufficient for defendant to simply deny plaintiff’s title, but he must plead and show title superior to plaintiff. (Bouvier’s Law Dictionary, Title, Writ of Right; Speed v. Buford, 3 Bibb, 57; Green v. Liter, 8 Crouch, 229; Green v. Watkins, 8 Wheaton, 29; Shaefer v. Gates, 2 B. M., 454; Chitty’s Pleading, vol. 3, 1355; Civil Code, title 10, chapter 14; “Walker v. Sawyer, 80 Ky., 620; Henning v. Harrison, 13 Bush, 723.) 2. There is no presumption, as in ease of a…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
Some of the heirs of John Simms, who died intestate July 4, 1864, brought this action August 8, 1888, to-obtain a sale of a tract of land, which they claim belonged! to him at his death. Those of the heirs who did not join as plaintiffs' were made defendants, several of them being infants without any statutory guardian. The petition avers, in substance, that the decedent was the owner, and in possession, of the land at his death, and that it can not be divided without materially impairing its value.
The appellee, E. Simms, who is not an heir, was…
2Cited by11 opinions
- Everidge v. MartinCourt of Appeals of Kentucky · 1915
- Lynch v. WestWest Virginia Supreme Court · 1908
- Gardner v. Lincoln Bank & Trust Co.Court of Appeals of Kentucky (pre-1976) · 1933
- Commonwealth v. CochranCourt of Appeals of Kentucky · 1911
- Harmon v. LoweCourt of Appeals of Kentucky (pre-1976) · 1949
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