Higgins v. Utterback

Opinion of the Court by

Judge Settle

Affirming in part and reversing in part.

This action was brought by the appellant, Mariah Higgins, to obtain the cancellation of a deed from the master commissioner of the Franklin circuit court conveying the appellee, J. B. Utterback, a house and lot on High street in the city of Frankfort, the prayer of the petition asking that she be adjudged, the owner of the property and entitled to rent thereon from the date of the deed in question down to the institution of the action. The grounds’ relied on in the petition for the recovery sought were, that the deed…