Shouse v. Taylor
Court of Appeals of Kentucky
.Case 4 — Action by E. L. Shotjse against A. P. Taylor and Another to Quiet Title. APPEAL FROM SHELBY CIRCUIT COURT. Demurrer to Jurisdiction of the Court Sustained, and Plaintiff Appeals.
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.Case 4 — Action by E. L. Shotjse against A. P. Taylor and Another to Quiet Title. APPEAL FROM SHELBY CIRCUIT COURT. Demurrer to Jurisdiction of the Court Sustained, and Plaintiff Appeals. We propose to show in the light of authorities that the Shelby circuit court unquestionably has jurisdiction both/ by statute and by the well known equity rule, of the cause of action set- out in the petition. iWe quote from the brief of appellee filed in the lower court: “If the plaintiff’s cause of action as set forth in his petition he in fact an action to quiet'his title within the meaning of section…
1Opinion of the Court
Opinion ok the court by
CHIEF JUSTICE BURNAM
Akkirming.
The appellant, E. L. Shouse, brought this suit in equity, under section 11 of the Kentucky Statutes, to quiet his title to a tract of land. The petition alleges that on the 28th day of November, 1900, he gave his promissory note to the defendants, A. P. Taylor and William Curran, trustees of the reserve fund of the International Mutual Deposit Com*24pany of Lexington, Ky., for $S,000, due 12 months after date, with interest at the rate of 6 per cent., and, to secure the payment thereof, executed a mortgage upon a tract of land on which he…
2Cases cited3 opinions
- Kincaid v. McGowanCourt of Appeals of Kentucky · 1887
- Landrum v. FarmerCourt of Appeals of Kentucky · 1869
- Campbell v. DisneyCourt of Appeals of Kentucky · 1892
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- Kincaid v. MagowanCourt of Appeals of Kentucky · 1884