Dennis v. Alves
Court of Appeals of Kentucky
Appeal from Henderson Circuit Court. J. W. Henson, Circuit Judge. Judgment for defendants. Plaintiffs appeal. POINTS AND AUTHORITIES. 1. Has the circuit court, in a suit’ to settle the estate of decedent, jurisdiction to sell infant’s real estate to pay debts, or for any other purpose, when the prayer of the petition does not ask for a sale of the land? (Redfield v. Mutual Ins.
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Appeal from Henderson Circuit Court. J. W. Henson, Circuit Judge. Judgment for defendants. Plaintiffs appeal. POINTS AND AUTHORITIES. 1. Has the circuit court, in a suit’ to settle the estate of decedent, jurisdiction to sell infant’s real estate to pay debts, or for any other purpose, when the prayer of the petition does not ask for a sale of the land? (Redfield v. Mutual Ins. Co., 12 Bush 434; Rowland Coal and Iron Works v. Brown, 13 Bush 681-8; Adams Express Co. v. Milton, 11 Bush, 49-51; Miller v. Allen, 20 Ky. Law Rep. 463.) 2. Has the court jurisdiction, in such case, to sell infant’s…
1Opinion of the Court
Opinion of the Court by
Judge Barker.
Affirmed*
The appellants instituted this action against Walter Alves and his co-appellees, alleging that they are the owners and entitled to the possession of a farm in Hendlerson county, Ky., called the “Point Place; ’’ that the defendants are in the wrongful possession of this property, and unlawfully detaining it from the real owners, and they prayed for a judgment of the court that they were the owners and entitled to possession of the property. The • defendants (appellees) answered, denying the title of the plaintiffs (appellants), and alleging…
2Cases cited3 opinions
- Maysville & B. S. R. R. Co. v. BallCourt of Appeals of Kentucky · 1900
- Segal v. ReisertCourt of Appeals of Kentucky · 1908
- Jones v. EdwardsCourt of Appeals of Kentucky · 1879
3Cited by16 opinions
- Baker v. Baker, Eccles & Co.Court of Appeals of Kentucky · 1915
- Johnson v. CarrollCourt of Appeals of Kentucky · 1921
- Harrod v. HarrodCourt of Appeals of Kentucky · 1915
- Farnsworth v. BarretCourt of Appeals of Kentucky · 1912
- Anderson's Committee v. Anderson's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1914
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