Morrison v. Beckham
Court of Appeals of Kentucky
Case 15 — PETITION EQUITY — APPEAL FROM NELSON CIRCUIT COURT. 1. Where a petition for a new trial is granted by the lower court and that judgment reversed by the Court of Appeals, an appeal .from the original judgment is not barred thereby. (Blackwell v. McBride. 14 Ky. Law Kep, 760.) 2. It was error to force a trial of the issue before filing of warning order attorney’s report.
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Case 15 — PETITION EQUITY — APPEAL FROM NELSON CIRCUIT COURT. 1. Where a petition for a new trial is granted by the lower court and that judgment reversed by the Court of Appeals, an appeal .from the original judgment is not barred thereby. (Blackwell v. McBride. 14 Ky. Law Kep, 760.) 2. It was error to force a trial of the issue before filing of warning order attorney’s report. (Civil Code, see 57, subsec. 7; Herd v. Cist, 14 Ky, Law Bep., 644; 2 Duvall, 141; 3 Met, 187; Carr v. Carr, 13. Ky. Law Eep, 756; Huffman v. Brungs, 83 Ky., 400; Gill v. Johnson’s Adm’r, 1 Met., 649; Allen v. Brown,…
1Opinion of the Court
JHDGE LEWIS
delivered the opinion oe the court.
Julia W. Beckham brought this action to recover a tract of land in possession of T. J. Morrison and others. But T. J. Sheets being, upon his petition,, made a defendant, filed separate answer, denying plaintiff was, as alleged by her, owner and entitled to recover, and stating he was in right of his deceased wife, Lncinda, owner of a life estate, his co-defendants being his tenants. He further stated that Josephine Powell, a daughter, and Powell, Charles and Ma,ry Sheets, children of a deceased son of himself and *74Lucinda, were owners of tlie fee…
2Cases cited1 opinion
- Ball v. PoorCourt of Appeals of Kentucky · 1883
3Cited by6 opinions
- Carpenter v. JulianCourt of Appeals of Kentucky · 1918
- Reynolds v. SteelCourt of Appeals of Kentucky · 1916
- Samuels v. WeikelCourt of Appeals of Kentucky · 1922
- Palmer v. HusbandsCourt of Appeals of Kentucky · 1909
- Stephens v. StephensCourt of Appeals of Kentucky · 1905
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