Northern Lake Ice Co. v. Orr
Court of Appeals of Kentucky
Case 96 — PETITION EQUITY APPEAL FROM HARDIN CIRCUIT COURT. 1. The jurat as originally prepared was sufficient under the provisions of section 117 of the Civil Code; but if they were not sufficient the affidavit subsequently filed cured the defect and restored the appellants to all the rights and priorities which it had .before the same was discharged on account of the alleged defect. ■See. 268 of the Civil Code. Bamberger, Bloom & Co. v. Moayon, 13 Ky.
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Case 96 — PETITION EQUITY APPEAL FROM HARDIN CIRCUIT COURT. 1. The jurat as originally prepared was sufficient under the provisions of section 117 of the Civil Code; but if they were not sufficient the affidavit subsequently filed cured the defect and restored the appellants to all the rights and priorities which it had .before the same was discharged on account of the alleged defect. ■See. 268 of the Civil Code. Bamberger, Bloom & Co. v. Moayon, 13 Ky. Law Rep., 102. It will be observed that there was no defect in the petition or in the allegations for attachment, but merely in the affidavit…
1Opinion of the Court
JUDGE PAYNTER
delivkí. jd the opinion ob the doubt.
On May 29, 1895 this action was instituted on an account against the appellee, Lott. An attachment was obtained in the action and levied ■ upon a one-sixth interest in a house and lot. On June 10, 1895, Lott made a deed for the one-sixth interest in the house and lot, upon which the attachment had been levied, to Lizzie Orr (then deceased), who was the mother of some of the appellees, and they accepted the deed.
By section 2063, Kentucky Statutes the children were vested with whatever title that would have passed to their mother had she been…
2Cited by4 opinions
- Hart County Deposit Bank v. HatfieldCourt of Appeals of Kentucky (pre-1976) · 1930
- First National Bank v. Sanders Bros.Court of Appeals of Kentucky · 1915
- Duo-Therm Division, Motor Wheel Corp. v. Sheergrain, Inc.Court of Appeals of Kentucky · 1973
- Moorman v. TaylorCourt of Appeals of Kentucky (pre-1976) · 1941