Boreing v. Melcon

Response by

Judge Hannah

to Petition for Rehearing — Overruling.

*624Upon petition for rehearing it is said by appellant that the first tract mentioned in the petition in the Harlan Circuit Court was not devised under the will of Vincent Boreing, but that his heirs acquired it by purchase after his death; and we are asked to modify the opinion herein delivered (159 Ky., 14), in so far as it refers to tract No. 1 in the petition described.

The petition does not disclose in what manner title to the tracts sought to be sold, was derived by the heirs of Vincent Boreing; but the will of said Boreing is…