Hall v. Martin
Court of Appeals of Kentucky
Case 3 — PETITION ORDINARY TRANSFERRED TO EQUITY— APPEAL FROM FLOYU CIRCUIT COURT. 1. This was an action of ejectment, and the court erred in transferring the case to equity. 2. The McNew patent under which plaintiff claims is absolutely void by reason of the fact that it excludes prior grants without describing them.
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Case 3 — PETITION ORDINARY TRANSFERRED TO EQUITY— APPEAL FROM FLOYU CIRCUIT COURT. 1. This was an action of ejectment, and the court erred in transferring the case to equity. 2. The McNew patent under which plaintiff claims is absolutely void by reason of the fact that it excludes prior grants without describing them. (Hamilton v. Fugett, 81 Ky., 367.) 3. This proceeding can not be maintained as a bill of peace, because neither dons it prevent a multiplicity of suits nor has tho plaintiff’s ftlaim the sanction of long or any possession. (Story’s Equity Juris., sec. 853; Mitford’s Equity…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
This action in ejectment was instituted by the appellee to recover certain land in the possession of the *12appellant, or which he claimed to possess, resulting in a judgment for the appellee. After the action was instituted the appellant filed his answer, and moved to transfer the case to the equity docket. The appellee objected to the transfer, and his objections were sustained, to which no exceptions were taken by the appellant. The appellant, by this action on his part, evinced a willingness to try at law, when the appellee seems to 'have changed…
2Cases cited2 opinions
- Weisert v. MuehlCourt of Appeals of Kentucky · 1883
- Hillman v. HurleyCourt of Appeals of Kentucky · 1885
3Cited by16 opinions
- Oliver Co. v. Louisville Realty Co.Court of Appeals of Kentucky · 1913
- Kentucky Union Co. v. CommonwealthCourt of Appeals of Kentucky · 1908
- Briggs v. CommonwealthCourt of Appeals of Kentucky · 1919
- Stephens v. TerryCourt of Appeals of Kentucky · 1917
- Martin v. HallCourt of Appeals of Kentucky · 1913
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