Legal Opinion

Higgins v. Stokes

Court of Appeals of Kentucky

Decided November 11, 1903PublishedCited by 4 opinions

■Case 73 — 'Action by Martha Higgins against 'Clint Stokes and Others to Recover Land. APPEAL FROM GRAVES CIRCUIT COURT. From an Order Dismissing the Petition Plaintiff Appeals. The plaintiff, Martha Higgins, is the widow of .John Higgins, who died January 16, 1900. In December, 1876, her husbandl sold and conveyed a tract of land belonging to her in which she .refused to join, or in any manner release her interest therein.

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■Case 73 — 'Action by Martha Higgins against 'Clint Stokes and Others to Recover Land. APPEAL FROM GRAVES CIRCUIT COURT. From an Order Dismissing the Petition Plaintiff Appeals. The plaintiff, Martha Higgins, is the widow of .John Higgins, who died January 16, 1900. In December, 1876, her husbandl sold and conveyed a tract of land belonging to her in which she .refused to join, or in any manner release her interest therein. After the death of her husband she brought this suit for thei land upon the idea that limitation began to run against her at the death of her husband in January, 1900. The…

1Opinion of the Court

Opinion op the court by

CHIEF JUSTICE BURNAM

Reversing.

This action at law was instituted on the 4th day of January, 1902, by the appellant, Martha Higgins, against the appellees, S. J. Matthews and Clint Stokes, to recover possession of the north’ half of lot No. 18, in the city of May-field which she alleges was conveyed to her by the executors of her deceased father, John M. Gardner, in the division of his real estate among his heirs at law on the 14th day of April, 1863. She further alleges that at the date of this conveyance she was a married woman with several children; and that she and…

2Cases cited1 opinion

  1. Onions v. Covington & Cincinnati El. R. R. & Transfer & Bridge Co.Court of Appeals of Kentucky · 1899

3Cited by4 opinions

  1. Henson v. CulpCourt of Appeals of Kentucky · 1914
  2. Potter v. StanleyCourt of Appeals of Kentucky · 1920
  3. Hicks v. SteeleCourt of Appeals of Kentucky (pre-1976) · 1949
  4. Sturgill v. Chesapeake & Ohio Ry. Co.Court of Appeals of Kentucky · 1903

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