Stevenson v. Flournoy
Court of Appeals of Kentucky
Case 86 — PETITION EQUITY APPEAL FROM CAMPBELL CHANCERY COURT. 1. The alleged or supposed judgment of the Kenton Circuit Court, upon' which this action was based, is absolutely void as to appellant, for' each of three separate and distinct reasons: First. Because of uncertainty as to the persons for whose benefit-it was intended.
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Case 86 — PETITION EQUITY APPEAL FROM CAMPBELL CHANCERY COURT. 1. The alleged or supposed judgment of the Kenton Circuit Court, upon' which this action was based, is absolutely void as to appellant, for' each of three separate and distinct reasons: First. Because of uncertainty as to the persons for whose benefit-it was intended. As plaintiffs, in bringing this action to enforce said judgment, did not allege that it “was duly given or made,” as required by the Code (Civil Code, sec. 122; Gebhard v. Gamier, 12 Bush, 321), it-was necessary fdr them to allege, and, if denied, to prove, every…
1Opinion of the Court
JUDGE HOLT
delivered the opinion oe the court.
This is an action to enforce the following judgment rendered in the Kenton Circuit Court on January 29, 1881, against certain real estate held by and devised to the appellant, Sibella Stevenson, by her father, Samuel Winston:
* * “It is now further adjudged that,the following defendants, to wit: The descendants of Samuel Flournoy, deceased; the descendants of Elizabeth J. Henry, deceased; the descendants of Patsey Wells, deceased; the descendants of Robert Flournoy, deceased ; the descendants of David Flournoy, deceased (except Thomas Flournoy, T.…
2Cases cited3 opinions
- Newcomb's Executors v. NewcombCourt of Appeals of Kentucky · 1877
- Parsons v. SpencerCourt of Appeals of Kentucky · 1885
- Roberts v. CaldwellCourt of Appeals of Kentucky · 1837
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- Turner v. HamlinCourt of Appeals of Kentucky · 1913
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