Ball v. First National Bank
Court of Appeals of Kentucky
Case 94 — EQUITY APPEAL PROM KENTON CHANCERY COURT. 1. Under the common law there can he no doubt that, rents go to the-heir, and this rule is not changed by either the statute or Code. (Combs v. Branch, 5 Dana, 647; O’Bannon v. Roberts, 2 Dana, 54; Rank v. Hill, 8 Bush, 66.) 2. The Code of Practice is not a statute granting rights, but one defining; remedies for their enforcement.
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Case 94 — EQUITY APPEAL PROM KENTON CHANCERY COURT. 1. Under the common law there can he no doubt that, rents go to the-heir, and this rule is not changed by either the statute or Code. (Combs v. Branch, 5 Dana, 647; O’Bannon v. Roberts, 2 Dana, 54; Rank v. Hill, 8 Bush, 66.) 2. The Code of Practice is not a statute granting rights, but one defining; remedies for their enforcement. (Cook v. College, 9 Bush, 541.) 1. The cases cited by appellants’ counsel relate to contests between heirs; and personal representatives. 2. If the rents be distributed between the heirs, the creditors can,…
1Opinion of the CourtChief Justice Hargis
R. H. Ball made and published his last will and testament, by which he devised certain real estate for the payment of his debts, and devised the remainder of his real and personal estate to the appellants.
The real estate devised to the appellants had been rented', by the testator- to certain tenants, who were required to pay the rent at the end of every month..He died on the 2ist of April, 1878. His estate devised', for that purpose being insufficient to' pay his debts, his executor filed a petition in equity on October 8th, 1878, for the purpose of settling the estate and selling the realty…
2Cases cited3 opinions
- Atchison's Heirs v. LindseyCourt of Appeals of Kentucky · 1845
- Combs' Devisees v. BranchCourt of Appeals of Kentucky · 1836
- O'Bannon v. Roberts' HeirsCourt of Appeals of Kentucky · 1834
3Cited by17 opinions
- Paul Mik, Jr. v. Fed. Home Loan Mortg. Corp.Court of Appeals for the Sixth Circuit · 2014
- City of Henderson v. AshbyCourt of Appeals of Kentucky · 1918
- Noel v. HarperCourt of Appeals of Kentucky · 1916
- Gibson's Administrator v. GibsonCourt of Appeals of Kentucky (pre-1976) · 1931
- Overstreet v. Grinstead's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1940
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