DeHaven v. DeHaven's Administrator
Court of Appeals of Kentucky
Case 6—EQUITY APPEAL FROM OLDHAM CIRCUIT COURT. 1. The Circuit Court of Oldham county had no jurisdiction to recover the possession of land lying in Jefferson county. Civil Code, sec. 62. 2. In an action for a settlement of the estate all persons having claims against the estate may be made parties, but persons against whom the estate has a claim occupy a very different position. Citizens Nat.
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Case 6—EQUITY APPEAL FROM OLDHAM CIRCUIT COURT. 1. The Circuit Court of Oldham county had no jurisdiction to recover the possession of land lying in Jefferson county. Civil Code, sec. 62. 2. In an action for a settlement of the estate all persons having claims against the estate may be made parties, but persons against whom the estate has a claim occupy a very different position. Citizens Nat. Bank v. Boswell’s Admr., &c., 93 Ky., 92. 3. Appellee’s remedy against the appellant was by writ of forcible' detainer or by an action of ejectment in Jefferson county. In an action to settle the estate…
1Opinion of the Court
JUDGE BUKNAM
delivered the opinion oe the court.
This appeal is from a judgment of the Oldham Circuit Court in favor of appellee as administrator with the will annexed of S. E. DeHaven, deceased, awarding him possession of a certain tract of land. Appellee brought his suit in that court for the settlement, distribution, and partition of his testator’s estate, alleging that at his death 5. E. DeHaven owned individually a tract of land in Jefferson county; that for some years before his death his brother, Christopher DeHaven, by permission of the testator, had occupied and used this land, and…
2Cases cited4 opinions
- Fishback v. GreenCourt of Appeals of Kentucky · 1888
- Phalan v. Louisville Safety Vault & Trust Co.Court of Appeals of Kentucky · 1888
- Willis' Adm'r v. Roberts' Adm'rCourt of Appeals of Kentucky · 1890
- Walker v. Yowell's Adm'rCourt of Appeals of Kentucky · 1893
3Cited by7 opinions
- Taylor v. Harris' AdministratorCourt of Appeals of Kentucky · 1915
- Shutt's Admr. v. Shutt's Admr.Court of Appeals of Kentucky · 1921
- Cent. Ky. Nat. Gas Co. v. StevensCourt of Appeals of Kentucky · 1909
- Hamilton's Admx v. RineyCourt of Appeals of Kentucky · 1910
- White v. HarbesonCourt of Appeals of Kentucky · 1916
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