Jamison v. Petit
Court of Appeals of Kentucky
Case 105 — PETITION POR NEW. TRIAL — CITED Story’s Equity, secs. 739, 835, 836. 3 Duvall, 364, Kelly v. Kelly. 18 B. Mon. 680, Fugate and wife v. Robinson. CITED Civil Code, sec 14. 3 J. J. Marshall, 389.
1Opinion of the Court
JUDGE ROBERTSON
delivered the opinion op the court.
It seems to this court that the circuit court erred in sustaining the demurrer and dismissing the petition by the appellants for enjoining the appellee’s judgment in ejectment against them.
The alleged oral agreement fixing a dividing line between the adjoining lands of the antagonist parties, not being, within the statute of frauds and perjuries, was specifically enforceable in equity; and this equitable matter, if established as a defense, would have defeated the action of ejectment; but as it was neglected or waived in that action it is not…
2Cited by7 opinions
- Watrous v. MorrisonSupreme Court of Florida · 1894
- Amburgy v. Burt & Brabb Lumber Co.Court of Appeals of Kentucky · 1905
- Warden v. AddingtonCourt of Appeals of Kentucky · 1909
- Kentucky Harlan Coal Co. v. Harlan Gas Coal Co.Court of Appeals of Kentucky (pre-1976) · 1932
- Hoskins v. MorganCourt of Appeals of Kentucky · 1923
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