Legal Opinion

Packard v. Beaver Valley Land & Mining Co.

Court of Appeals of Kentucky

Decided December 8, 1894PublishedCited by 11 opinions

Cask 40 — PETITION EQUITY — APPEAL PROM FLOYD CIRCUIT COURT. Brief not in record. 1. On charter and statutory prohibitions to corporations. ("Weed v. Snow, 3 McLean, 265; Davis v. The Bank ot Biver Baisin, Myers’ Fed. Decs B., sec. 30; Boot v. Wallace, 4 McL., 9; Bank of Michigan v. Niles, 41 Am. Dec., 676; Mathew v. National Bank, 98 U. S., 621; Crocker v. Whitney, 71 N. Y., 161; Grand Bapids Bridge Co. v. Prange, 24 Am.

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Cask 40 — PETITION EQUITY — APPEAL PROM FLOYD CIRCUIT COURT. Brief not in record. 1. On charter and statutory prohibitions to corporations. ("Weed v. Snow, 3 McLean, 265; Davis v. The Bank ot Biver Baisin, Myers’ Fed. Decs B., sec. 30; Boot v. Wallace, 4 McL., 9; Bank of Michigan v. Niles, 41 Am. Dec., 676; Mathew v. National Bank, 98 U. S., 621; Crocker v. Whitney, 71 N. Y., 161; Grand Bapids Bridge Co. v. Prange, 24 Am. Beports, 686, and cases cited in opinions quoted.) 2. On requisites for a bill to quiet title. (Fraley v. Peters, 12 Bush, 470; Scott v. Means, 80 Ky., 460; Armitage v.…

1Opinion of the Court

-JUDGE HAZELRIGG

delivered the opinion op the court.

The appellant instituted this action in ordinary in the Floyd Circuit Court for the recovery of an undivided one-fourth interest in sixty-seven thousand acres of land, situated on the waters of Beaver Creek, in the counties of Floyd and Knott, and of which the appellee was alleged to be in the wrongful possession.

By an amended petition filed before answer, the plaintiff retracted the allegation that the defendant was in possession of the land and averred that it was wild and uninclosed land. He does not assert possession in himself, and in…

2Cases cited3 opinions

  1. Herr v. MartinCourt of Appeals of Kentucky · 1890
  2. Marshall v. McDanielCourt of Appeals of Kentucky · 1876
  3. Campbell v. DisneyCourt of Appeals of Kentucky · 1892

3Cited by11 opinions

  1. Commonwealth v. ClarkCourt of Appeals of Kentucky · 1904
  2. Cumberland Co. v. KellyCourt of Appeals of Kentucky · 1913
  3. Hargis v. Flesher Petroleum Co.Court of Appeals of Kentucky (pre-1976) · 1929
  4. Fox v. CornettCourt of Appeals of Kentucky · 1906
  5. Tucker v. WitherbeeCourt of Appeals of Kentucky · 1908

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