Bradley v. Burgess
Court of Appeals of Kentucky
Case 97 — PETITION ORDINARY TRANSFERRED TO EQUITY— APPEAL FROM FLEMING CIRCUIT COURT. 1. The plea of the thirty years statute is not good, because it does not aver an adverse holding for more than thirty years before the institution of the action. 2. The husband having the right-to the property during his life, and the deed purporting to convey what estate he had, the wife’s right to sue-did not accrue until the husband’s death, and the statute of limitations began then to…
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Case 97 — PETITION ORDINARY TRANSFERRED TO EQUITY— APPEAL FROM FLEMING CIRCUIT COURT. 1. The plea of the thirty years statute is not good, because it does not aver an adverse holding for more than thirty years before the institution of the action. 2. The husband having the right-to the property during his life, and the deed purporting to convey what estate he had, the wife’s right to sue-did not accrue until the husband’s death, and the statute of limitations began then to run. (Webber, &c., v. Gibson,-8 Ky. L. R., 125. 1. When two convey and only one has title, the grantee will be presumed…
1Opinion of the CourtChief Justice Lewis
delivered the opinion of the court..
In January, 1878, her husband having died a few years before, appellant instituted this action to recover of appellee an undivided tenth of a tract of land containing about one hundred and two acres, of which *649her father, Henry Walker, died-the owner in 1833. In 1834, nnder an order of the county court of Fleming county, where it lies, an allotment of dower and division between his children were made of the land, though no deeds of partition appear to have been executed. In 1836 a deed was made by Darius Bradley and his wife Nancy Bradley, the appellant,…
2Cases cited2 opinions
- Medlock v. SuterCourt of Appeals of Kentucky · 1882
- Mantle v. BealCourt of Appeals of Kentucky · 1884
3Cited by7 opinions
- Burdett v. MaySupreme Court of Missouri · 1889
- Rose v. WareCourt of Appeals of Kentucky · 1903
- Boggess v. CrailCourt of Appeals of Kentucky (pre-1976) · 1928
- Hargis v. Flesher Petroleum Co.Court of Appeals of Kentucky (pre-1976) · 1929
- Turner v. BegleyCourt of Appeals of Kentucky (pre-1976) · 1931
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