Legal Opinion

Francis v. Wood

Court of Appeals of Kentucky

Decided January 15, 1883PublishedCited by 20 opinions

Case 3 — EJECTMENT APPEAL PROM GARRARD CIRCUIT COURT. 1. The court sustained the demurrer upon the ground, among others, that limitation barred appellants’ recovery. Limitation cannot he taken advantage of by demurrer.

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Case 3 — EJECTMENT APPEAL PROM GARRARD CIRCUIT COURT. 1. The court sustained the demurrer upon the ground, among others, that limitation barred appellants’ recovery. Limitation cannot he taken advantage of by demurrer. Such a plea is a mere personal privilege. 2. Appellant had no right of entry as tenant in remainder until her mother’s death, which took place less than three years before the institution of this action. 3. Even if the suit of Kennedy v. Bridges is a bar, I maintain that, being a matter of estoppel, it can only be taken advantage of by answer. 4. Appellee contends that the…

1Opinion of the Court

JUDGE PRYOR

delivered the opinion of the court.

This is an action .in the nature of an ejectment seeking the recovery of a tract of land in Garrard county by' Francis and wife against Rice G. Wood and others. The plaintiffs, who are appellants in this court, claim to have derived title through Thomas Kennedy, jr., who died in the year 1840, and who was the father of Mrs, Francis, she being the only child, and inheriting her father’s estate. The action was instituted in the year 1874, mofe than thirty years after the estate descended to Mrs. Francis. It is insisted, however, that the statute of…

2Cited by20 opinions

  1. May v. Chesapeake & Ohio Railway Co.Court of Appeals of Kentucky · 1919
  2. Superior Oil Corporation v. AlcornCourt of Appeals of Kentucky (pre-1976) · 1930
  3. Chenoweth v. BullittCourt of Appeals of Kentucky (pre-1976) · 1928
  4. Hardwicke v. YoungCourt of Appeals of Kentucky · 1901
  5. Cain v. Union Central Life InsuranceCourt of Appeals of Kentucky · 1906

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