Turner v. Brownings
Court of Appeals of Kentucky
CASE 8. — ACTION BY J. M. BROWNING AGAINST SIMEON TURNER FOR POSSESSION OF LAND. PLAINTIFF DIED PENDING THE ACTION, AND HIS ADMINISTRATOR WAS SUBSTITUTED. — Appeal from Bracken Circuit Court. Jas. P. Harbeson, Circuit Judge. Judgment for plaintiff, defendant appeals — PROPOSITIONS. First. This case wias never revived, and therefore the judgment is a nullity. Second.
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CASE 8. — ACTION BY J. M. BROWNING AGAINST SIMEON TURNER FOR POSSESSION OF LAND. PLAINTIFF DIED PENDING THE ACTION, AND HIS ADMINISTRATOR WAS SUBSTITUTED. — Appeal from Bracken Circuit Court. Jas. P. Harbeson, Circuit Judge. Judgment for plaintiff, defendant appeals — PROPOSITIONS. First. This case wias never revived, and therefore the judgment is a nullity. Second. If the case is held to be revived it does not invest the administrator with the right to recover the land in dispute. Third. The judgment is void because it does not describe the land. Fourth. Appellant should have been awarded a…
1Opinion of the Court
Opinion of the Court by
Judge Hobson
Reversing.
In the year 1872 Simeon Turner bought of his father, John A. Turner, a tract of land, and moved upon it with his wife and two children, using it as a homestead. He paid his father in October, 1872, $400, in March, 1873, $600, and on August 2, 1873. $480. He got $1,900 from his wife, and the money paid his father came from this fund. On February 4,1875, he gave a note to James Browning for $159.37. In March, 1875, he traded with his father the piece of land he had bought for another piece of land; his father paying him $30 in the trade. He moved to…
2Cases cited25 opinions
- Hyde v. NelsonMichigan Supreme Court · 1863
- Kitchell v. BurgwinIllinois Supreme Court · 1858
- Bunting v. . JonesSupreme Court of North Carolina · 1878
- Denis v. GayleSupreme Court of Louisiana · 1888
- Spencer v. GeissmanCalifornia Supreme Court · 1869
20 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Brandenburg v. Petroleum ExplorationCourt of Appeals of Kentucky (pre-1976) · 1927
- Farmer v. HamptonCourt of Appeals of Kentucky · 1913
- Covington Brothers Co. v. ByrnsCourt of Appeals of Kentucky (pre-1976) · 1929
- Howard v. MitchellCourt of Appeals of Kentucky (pre-1976) · 1936
- Lear v. LearCourt of Appeals of Kentucky (pre-1976) · 1930
5 more not listed; retrieve them via the Exa API.