Manion's Admrs. v. Titsworth
Court of Appeals of Kentucky
Caae 19. Pkt Et* APPEAL FROM BALLARD CIRCUIT. The executors of Manion resist the claim of appellees on four grounds: 1. That the title to the slaves in contest vested in Mrs. Cooper by her purchase, confirmed by the ordinary. 2. That the claim was released. 3. That this suit is carried on for the same illegal objects, and under the same illegal contract, as the first, and the dismissal of the former suit is pleaded and relied on as a bar to this suit. 4. That this suit is…
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Caae 19. Pkt Et* APPEAL FROM BALLARD CIRCUIT. The executors of Manion resist the claim of appellees on four grounds: 1. That the title to the slaves in contest vested in Mrs. Cooper by her purchase, confirmed by the ordinary. 2. That the claim was released. 3. That this suit is carried on for the same illegal objects, and under the same illegal contract, as the first, and the dismissal of the former suit is pleaded and relied on as a bar to this suit. 4. That this suit is barred by lapse of time. 1. The detailed statement of the proceeding before the ordinary shows that the widow’s purchase…
1Opinion of the Court
Judge Simpson
delivered the opinion of the court.
Adam Cooper died intestate in the State of South Carolina in the year 1822. He left a widow and two infant children, one of whom afterwards died unmarried and in infancy. Administration on his estate was granted by the court of ordinary in the year 1823, to his widow and his brother George B. ■ Cooper. Martin Manion afterwards intermarried with the widow, and in 1833 was appointed guardian of her infant daughter by the same court.
*596At the time of the grant of administration the court of ordinary entered an order authorizing a sale, by the…
2Cases cited4 opinions
- Atchison's Heirs v. LindseyCourt of Appeals of Kentucky · 1845
- Davis v. Connelly's ExecutorsCourt of Appeals of Kentucky · 1843
- Page v. HughesCourt of Appeals of Kentucky · 1842
- Findley v. Patterson'sCourt of Appeals of Kentucky · 1841
3Cited by2 opinions
- Hussey v. SargentCourt of Appeals of Kentucky · 1903
- Kenningham v. Kenningham's Ex.Court of Appeals of Kentucky · 1903