Roark v. Bach
Court of Appeals of Kentucky
Case 44 — Action by Lydia Roark against J. J. C. Bach and Other: Involving Title to a Homestead. APPEAL 'FROM PERRY CHÍCUT COURT. JUDGMENT FOR DEFENDANTS AND PLAINTIFF APPEALS. The evidence in this record shows that L. C. Roark came in possession of a tract of land in the division of hisi reputed father’s estate. Whether he was a legitimate child] on not is not material, as he acquired it by reason of his claim.' así an heir.
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Case 44 — Action by Lydia Roark against J. J. C. Bach and Other: Involving Title to a Homestead. APPEAL 'FROM PERRY CHÍCUT COURT. JUDGMENT FOR DEFENDANTS AND PLAINTIFF APPEALS. The evidence in this record shows that L. C. Roark came in possession of a tract of land in the division of hisi reputed father’s estate. Whether he was a legitimate child] on not is not material, as he acquired it by reason of his claim.' así an heir. He traded this piece of land to Hurst for the land in controversy and conveyed the Hurst land to h'is wife, Lydia Roark. He resided on it with his .family, claiming and…
1Opinion of the Court
Opinion of the court by
JUDGE PAYNTER
Affirming.
L. C. Roark, husband of appellant, Lydia Roark, was an illegitimate son of J. B. Roark, and upon the death of the latter, and in an action to settle the estate or partition the land, he claimed that he had been, by proper orders of court, adopted as an heir at law of his putative father. This was denied, and the evidence tends to show that the claim had no foundation in fact. However, the widow and children agreed to and did allot him out of the home farm a parcel of land of less value than $1,000, upon which he lived with his family and claimed…
2Cases cited4 opinions
- Pendergest v. HeekinCourt of Appeals of Kentucky · 1893
- Jewell v. Clark's ex'rCourt of Appeals of Kentucky · 1880
- Tong v. EifortCourt of Appeals of Kentucky · 1882
- Meador v. MeadorCourt of Appeals of Kentucky · 1889
3Cited by11 opinions
- Deboe v. BrownCourt of Appeals of Kentucky (pre-1976) · 1929
- In re BakerCourt of Appeals for the Sixth Circuit · 1910
- Moody v. BarkerCourt of Appeals of Kentucky · 1920
- Staun & Co. v. ProctorCourt of Appeals of Kentucky · 1913
- Patrick v. DanielCourt of Appeals of Kentucky (pre-1976) · 1931
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