Asher v. Howard
Court of Appeals of Kentucky
CASE 20. — ACTION BY FEONIE ASHER AGAINST JOHN HOWARD AND OTHERS TO RECOVER BAND.— Febraary 28. Appeal from Bell Circuit Court. JqhN McChord, Special Judge. Judgment for defendants', plaintiff appeals. 1. If any principle of law is established beyond all doubt, it is that to avail one’s self of the defense of the statute of limitation it must be pleaded.
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CASE 20. — ACTION BY FEONIE ASHER AGAINST JOHN HOWARD AND OTHERS TO RECOVER BAND.— Febraary 28. Appeal from Bell Circuit Court. JqhN McChord, Special Judge. Judgment for defendants', plaintiff appeals. 1. If any principle of law is established beyond all doubt, it is that to avail one’s self of the defense of the statute of limitation it must be pleaded. (Jones v. Chiles, 4 J. J. Marshall, 610; Chiles v. Drake, 59 Ky., 146; Stillwall v. Leavy, 84 Ky., 379; Keaton v. Sublet, 109 Ky., 106.) 2. It naturally follows, therefore, that if the pleading in regard to the statute was insufficient, the…
1Opinion of the Court
*177OpiNioN by
Judge Nunn
— Affirming.. This was an action of ejectment, brought by appellant against the appellees to recover 200 acres of land described in the petition. The appellees answered! and denied the appellant’s ownership, and alleged that they were the owners thereof. A trial was had, and resulted in a verdict and judgment for the appellees, from which this appeal is prosecuted.
On the trial it was made to appear that appellant claimed to be the owner of the land by reason of a patent issued to her by the Commonwealth on a survey dated the 7th day of September, 1900. She introduced proof…
2Cases cited1 opinion
- Beeler v. CoyCourt of Appeals of Kentucky · 1848
3Cited by10 opinions
- Whitley County Land Co. v. Powers' HeirsCourt of Appeals of Kentucky · 1912
- H. B. Jones Coal Company v. MaysCourt of Appeals of Kentucky (pre-1976) · 1928
- State v. Mobile O. R. Co.Supreme Court of Alabama · 1918
- Kentucky Block Fuel Co. v. RobertsCourt of Appeals of Kentucky · 1925
- Iseman v. IsemanCourt of Appeals of Kentucky (pre-1976) · 1928
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