Burch v. Burch
Court of Appeals of Kentucky
Case 99 — JOINT TENANT, LIEN APPEAL FROM MEADE CIRCUIT COURT. 1. There is no legal or equitable reason why one joint tenant should have a lien upon the land of his co-tenant for rents collected by him. 2. If a lion exist, it must he founded upon the doctrine of equitable liens. But such lion does not exist. There is no authority for it.
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Case 99 — JOINT TENANT, LIEN APPEAL FROM MEADE CIRCUIT COURT. 1. There is no legal or equitable reason why one joint tenant should have a lien upon the land of his co-tenant for rents collected by him. 2. If a lion exist, it must he founded upon the doctrine of equitable liens. But such lion does not exist. There is no authority for it. (Nelson v. Clay, 7 J. J. Mar., 140; Graham v. Graham, (i Mon., 561; Coleman v. Hutchinson, 3 Bibb., 211 ; O’Bannon v. Roberts, 2 Dana, 54.) We maintain that there is no error in the judgment. Although no direct authority can he found upon the question, we…
1Opinion of the Court
JUDGE LEWIS
DELIVERED TIIE OPINION OF THE COURT.
In 1855 the heirs at law of Leonard Burch, deceased, recovered judgment for a tract of land, containing about 700 acres. And .in 1858 one of the heirs instituted an action against Thomas B. Burch, administrator, and also an heir, for a settlement of the estate and partition of the land between the seven heirs, it being stated in the petition that he had fraudulently conveyed it to •one Carrico, who was made a defendant to the action.
Three other actions for the same purpose were subsequently commenced. But in 1865 they were all consolidated and…
2Cases cited2 opinions
- Venable v. BeauchampCourt of Appeals of Kentucky · 1835
- Alexander v. EllisonCourt of Appeals of Kentucky · 1880
3Cited by5 opinions
- Clark v. HershySupreme Court of Arkansas · 1889
- Hale's Heirs v. RitchieCourt of Appeals of Kentucky · 1911
- Omohundro v. ElkinsTennessee Supreme Court · 1902
- Pistole v. LanierCourt of Appeals of Kentucky (pre-1976) · 1926
- Knecht v. Knecht, Court of Common Pleas of Ohio, Hamilton County1913