Flint v. Spurr
Court of Appeals of Kentucky
Case 6. APPEAR FROM FAYETTE CIRCUIT. Pet. Eq. The appellant complains of the decree of the circuit court, on the following grounds: 1. The circuit court had not jurisdiction. The will shows that the land lies in Clarke county. The suit is in rem. The jurisdiction, therefore, is local to Clarke county, where the first suit was brought.
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Case 6. APPEAR FROM FAYETTE CIRCUIT. Pet. Eq. The appellant complains of the decree of the circuit court, on the following grounds: 1. The circuit court had not jurisdiction. The will shows that the land lies in Clarke county. The suit is in rem. The jurisdiction, therefore, is local to Clarke county, where the first suit was brought. When a court has no jurisdiction over the subject matter, consent cannot give it, and of course could not be regarded a a waiver of the. objection. It is only when the objection is personal that it can be waived. There is no waiver here. There was a demurrer for…
1Opinion of the Court
Judge Duvall
delivered the opinion of the court:
David Robinson died, in Fayette county, in the year 1806, having made a will, which was proved, and admitted to record by the Fayette county court. All the provisions of the will have been long since fully executed, except that which forms the basis of this action. The provision is in these words:
“The residue of my said tract, called the Rye-Field, after the title to the same shall be completely adjusted, and the present law suit ended, I direct shall be sold by my executors, and the money arising therefrom be applied by my executors, from time…
2Cited by1 opinion
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