Elswick v. Matney
Court of Appeals of Kentucky
Appeal from Pike Circuit Court. A. J. Kirk, Circuit Judge. Prom the judgment both parties appeal. 1. Revival. — It may be stated as a general principle that a lien once waived or abandoned can not be revived. This doctrine is eleairly upheld by this court in the case of Ducker & Jones v. Gray, 3 J. J. Mar. 163, and same doctrine is re-affirmed by this court in the following cases: (73 Ky. 93; 108 Ky. 740; 22 Ky. Law Rep. 143; 24 Ky.
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Appeal from Pike Circuit Court. A. J. Kirk, Circuit Judge. Prom the judgment both parties appeal. 1. Revival. — It may be stated as a general principle that a lien once waived or abandoned can not be revived. This doctrine is eleairly upheld by this court in the case of Ducker & Jones v. Gray, 3 J. J. Mar. 163, and same doctrine is re-affirmed by this court in the following cases: (73 Ky. 93; 108 Ky. 740; 22 Ky. Law Rep. 143; 24 Ky. Law Rep. 337). 2. Is the judgment in the case of W. E. Bishop, Adm’r of William Bishop, deceased v. Nelson Matney, rendered before appellant had any title to said…
1Opinion of the Court
Opinion of the, Court by.Chief Justice Settle.
These appeals are from the same judgment. Both, were granted by the court below, and by an agreement of the parties have been submitted and heard, together in this court. As a matter of convenience-T. L. Elswick will in the opinion be called appellant, and Nelson Matney appellee; The action out of which, these appeals arose was instituted by appellee against appellant in the court below to- obtain the cancellation of a deed made the latter by the master commissioner of the Pike circuit court, under an order of that court entered in the case of M.…
2Cases cited8 opinions
- Bradley v. CurtisCourt of Appeals of Kentucky · 1881
- Dunn v. CommonwealthCourt of Appeals of Kentucky · 1905
- Roberts v. BruceCourt of Appeals of Kentucky · 1891
- Sumrall v. ManinniCourt of Appeals of Kentucky · 1906
- Bondurant v. OwensCourt of Appeals of Kentucky · 1868
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3Cited by21 opinions
- Stone v. WinnCourt of Appeals of Kentucky · 1915
- Cassidy v. BerkovitzCourt of Appeals of Kentucky · 1916
- Board of Prison Commissioners v. De MossCourt of Appeals of Kentucky · 1914
- Combs v. Prestonsburg Water Co.Court of Appeals of Kentucky (pre-1976) · 1935
- Hopkins v. JonesCourt of Appeals of Kentucky · 1921
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