Legal Opinion

Scherm v. Garrett's Admr.

Court of Appeals of Kentucky

Decided May 24, 1904PublishedCited by 1 opinion

Case 33 — 'Separate Actions by Mike Scherm Against Jessie Garrett’s Admr , and by John Stites Against W. A. Bartlett and Others to Quiet Title to Land. APPEAL FROM DAVIESS CIRCUIT COURT — "W. T. GWEN, circuit judge. Judgment for Defendants and Plaintiffs Appeal.

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Case 33 — 'Separate Actions by Mike Scherm Against Jessie Garrett’s Admr , and by John Stites Against W. A. Bartlett and Others to Quiet Title to Land. APPEAL FROM DAVIESS CIRCUIT COURT — "W. T. GWEN, circuit judge. Judgment for Defendants and Plaintiffs Appeal. Statement of propositions of law relied oni and authorities: 1. The general demurrer of the plaintiff to- the answer. 2. The motion to make the answer more definite and certain should have been sustained. . 3. The motion of plaintiff to strike out certain portions of the answer should have been sustained. 4. The reply tendered an…

1Opinion of the Court

Opinion of the court by

JUDGE O’REAR

Affirming.

These actions were brought b,y the respective appellants to quiet their title to certain parcels of land in Daviess county which they are the owners of, as against the claims of appellees for liens asserted by them for the cost of establishing a ditch under the drainage act. The lots were proceeded against’ as the property of Thomas S. Pettit. As a matter of fact, the beneficial owner was R. G. Hill. Hill was a party to the proceeding in the county court to establish the ditch at the cost of the property owners: cited, but it was because of other…

2Cases cited1 opinion

  1. Scherm v. ShortCourt of Appeals of Kentucky · 1903

3Cited by1 opinion

  1. Combs v. MillerCourt of Appeals of Kentucky · 1912

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