Clark's v. Trail's Administrators
Court of Appeals of Kentucky
CASE 8 — DETINUE APPEAL FROM SIMPSON CIRCUIT COURT. The facts of the case are stated in the opinion of the court. 1. After the executor of Clark was qualified, the order for the further prosecution of the action in his name was regular and proper.
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CASE 8 — DETINUE APPEAL FROM SIMPSON CIRCUIT COURT. The facts of the case are stated in the opinion of the court. 1. After the executor of Clark was qualified, the order for the further prosecution of the action in his name was regular and proper. (Civil Code, sections 559-909.) 2. The saying in the statute of limitations operates in favor of a person of unsound mind, who has been legally found by an inquest to be such, and whose person and property haye been subjected by an order of court to the control of a committee, until, by a like finding and order, he be restored to his rights as a…
1Opinion of the Court
JUDGE SIMPSON
delivered the opinion os the court:
This action of detinue was commenced in April, 1849, in the names of tbe administrators of John Clark, sr., deceased, against Solomon Trail, to recover certain slaves which were alleged by the plaintiffs to have been the property of their intestate. After the action had been pending for some time, the will of said John Clark, sr., was admitted to probate, and . James A. Clark, who was appointed executor therein, qualified as such, and took upon himself the execution of the will. Thereupon, in March, 1855, an order was made for the further…
2Cited by10 opinions
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- Ross v. RichardsonCourt of Appeals of Kentucky · 1917
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