Kincaid v. McGowan
Court of Appeals of Kentucky
Case 13 — PETITION EQUITY — APPEAL PROM MENEPEE CIRCUIT COURT. 1. The court erred in requiring plaintiffs to elect whether they would prosecute the first or second and third paragraphs of their petition. 2. The plaintiffs having the legal title, and being in possession, it was proper to make as many persons parlies to their bill as have adverse claims.
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Case 13 — PETITION EQUITY — APPEAL PROM MENEPEE CIRCUIT COURT. 1. The court erred in requiring plaintiffs to elect whether they would prosecute the first or second and third paragraphs of their petition. 2. The plaintiffs having the legal title, and being in possession, it was proper to make as many persons parlies to their bill as have adverse claims. (Armitage v. Wickliffe, 12 B. M., 494,495; Bissham’s Equity, see. 575; Beard v. Smith, 6 Mon., 505; Hiatt v. Calloway, 7 B. M., 180; Dudley v. Trustees of Pranlrfort, 12 B. M., 612; Cates v. Loftns, 4 Mon., 442; 7 Bush, 49.) 3. The lower court…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion op the court.
The appellant’s petition contains three paragraphs— the first against William Gray, the second against the appellees, and the third against John M. Clayton. The allegations of the petition which are common to all of the paragraphs are, that on the fourth day of January, 1786, the Commonwealth of Virginia granted to Dean Timmons twenty-two thousand acres of land, which lie in Menefee and Wolfe counties, this State, and that Thomas Duckham, on the ninth day of June, 1843, he being the owner thereof, sold said survey of land to Edward Kincaid, the…
2Cases cited2 opinions
- Woolfolk v. AshbyCourt of Appeals of Kentucky · 1859
- Scott v. MeansCourt of Appeals of Kentucky · 1882
3Cited by48 opinions
- Humphreys-Mexia Co. v. GammonTexas Supreme Court · 1923
- Stephens v. StephensCourt of Appeals of Texas · 1927
- Snoddy v. BolenSupreme Court of Missouri · 1894
- Foxwell v. JusticeCourt of Appeals of Kentucky · 1921
- Pellow v. Arctic Iron Co.Michigan Supreme Court · 1910
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