Birch v. Funk
Court of Appeals of Kentucky
CASE 50 — PETITION EQUITY — ATC>EALS FROM LOUISVILLE CHANOERY COURT. cited 5 B. Mon., 595; 1 Mars., 321. cited 18 B. Mon., 106; 5 lb., 590 ; 1 Bibb, 144; 4 lb., 188 ; Civil Code, secs. 789, 397, 400. cited 2 Story's Eq., p. 735, and cases cited in note 3 ; Story's Eq. PI., p. 379, sec. 485; 1 Dana, 278; Civil Code, sec. 800.
1Opinion of the Court
JUDGE DUVALL
delivered the otinion of the court:
These cases may be properly considered together.
In December, 1858, Theresa Birch, William Funk and Samuel Funk filed a petition against Peter Funk, alleging that in 1811 Jonathan Funk removed from Jefferson county, Kentucky, where he then resided, to the State of Louisiana; that he died in Louisiana possessed of'a large estate, consisting of a tract of land lying in Jefferson county, Kentucky, and of slaves and personal property in Louisiana; that he left two children, one of whom is the plaintiff, Theresa, the other a son named John, who…
2Cases cited1 opinion
- Thomas v. HiteCourt of Appeals of Kentucky · 1845