Legal Opinion

Johnson v. Poff

Court of Appeals of Kentucky

Decided November 28, 1900PublishedCited by 3 opinions

Case 60 — Action to Enforce an Alleged Trust APPEAL FROM BELL CIRCUIT COURT. Judgment for Plaintiffs and Defendants Appeal. 1. Demurrer to Petition — Limitation. Under our Civil Code, section 92, sub-section 4, a demurrer is a pleading, and we think pleaded the statute of limitation as effectually in this case, as if the statute had been pleaded in the answer.

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Case 60 — Action to Enforce an Alleged Trust APPEAL FROM BELL CIRCUIT COURT. Judgment for Plaintiffs and Defendants Appeal. 1. Demurrer to Petition — Limitation. Under our Civil Code, section 92, sub-section 4, a demurrer is a pleading, and we think pleaded the statute of limitation as effectually in this case, as if the statute had been pleaded in the answer. If Johnson bought this land in 1868, in trust for the appellees, because of his position as administrator of W. D. Green, it was a constructive trust against which the statute would run. The petition shows the appellees are barred by…

1Opinion of the Court

Opinion op the court by

JUDGE HOBSON

Reversing.

W. D. Green was killed in the year 1863. He left surviving him four children and his widow, Nancy, who afterward intermarried with George Johnson. The oldest child was eight years old and the youngest about one. Nancy Green, the widow, was the daughter of Rice W. Johnson, who acted as administrator of the estate of W. D. Green, and soon after his death filed a suit to settle the estate in the Hiarlan Circuit Court. In that suit it appeared that the estate was insolvent, and an order was entered for a sale of all the land of the decedent, subject to…

2Cited by3 opinions

  1. Conrad v. ConradCourt of Appeals of Kentucky · 1913
  2. Spurlock v. SpurlockCourt of Appeals of Kentucky · 1914
  3. Naylor v. ThomasCourt of Appeals of Kentucky · 1921

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