Legal Opinion

Graham's Heirs v. Kitchen

Court of Appeals of Kentucky

Decided April 26, 1904PublishedCited by 8 opinions

Case 2 — An Action by John and Geo. Graham’s Heirs and others, against Charles Kitchen and others, to recover land.— APPEAL PROM GREENUP CIRCUIT COURT-JAMBS P. HARBBSON, CIRCUIT JUDGE. Prom a Judgment Dismissing the Petition, Plaintiffs Appeal. We contend that there can be no defect of parties to this proceeding as long as the court’s commissioner is a party complainant.

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Case 2 — An Action by John and Geo. Graham’s Heirs and others, against Charles Kitchen and others, to recover land.— APPEAL PROM GREENUP CIRCUIT COURT-JAMBS P. HARBBSON, CIRCUIT JUDGE. Prom a Judgment Dismissing the Petition, Plaintiffs Appeal. We contend that there can be no defect of parties to this proceeding as long as the court’s commissioner is a party complainant. As John and George Graham’s heirs placed the land-s into the •hands of the court, under the act of the General Assembly, to sell and convey to purchasers and distributee the proceeds to those entitled thereto, they are bound…

1Opinion of the Court

Opinion of the court by

JUDGE O’REAR

Affirming.

Richard Graham was the patentee, under the Commonwealth of Virginia, of several large tracts of land, located now in Garter, Greenup, and other counties in this State. Richard Graham died prior to 1835. His heirs are alleged to have been John and George Graham, who also were dead prior to February 20, 1835, on 'which date there was approved by the Governor of this Commonwealth a special *21act of the General Assembly of the Commonwealth of Kentucky, for the benefit of the heirs of John and George Graham procured to be passed at the instance of certain…

2Cases cited7 opinions

  1. Elliott v. FowlerCourt of Appeals of Kentucky · 1901
  2. Walker v. Smyser's ex'rsCourt of Appeals of Kentucky · 1882
  3. Metcalfe v. Commonwealth Land & Lumber Company's ReceiverCourt of Appeals of Kentucky · 1902
  4. Citizens' National Bank v. Boswell'sCourt of Appeals of Kentucky · 1892
  5. Henning v. HarrisonCourt of Appeals of Kentucky · 1878

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3Cited by8 opinions

  1. Susanne De Charette v. St. Matthews B. T. Co.Court of Appeals of Kentucky (pre-1976) · 1926
  2. Webb v. Webb's GuardianCourt of Appeals of Kentucky · 1917
  3. Shadoin v. SellarsCourt of Appeals of Kentucky (pre-1976) · 1928
  4. Hays v. WickerCourt of Appeals of Kentucky · 1914
  5. Rutherford v. Illinois Central RailroadCourt of Appeals of Kentucky · 1905

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