Legal Opinion

Atkins v. Baker

Court of Appeals of Kentucky

Decided March 6, 1902PublishedCited by 18 opinions

Case 104 — Action to Recover Land. — APPEAL PROM MARION CIRCUIT - COURT. Judgment for Plaintiff and Defendant Appeals. Lafe Atkins, a widower with, some five children, married Lucy Baker, sister of appellee, who died without having had any children. 'Lafe Atkins then married Geneva Atkins by whom he had two children, both mow infants. Lafe dieid leaving no estate except the twelve acres of land named in the petition, on which he lived and died.

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Case 104 — Action to Recover Land. — APPEAL PROM MARION CIRCUIT - COURT. Judgment for Plaintiff and Defendant Appeals. Lafe Atkins, a widower with, some five children, married Lucy Baker, sister of appellee, who died without having had any children. 'Lafe Atkins then married Geneva Atkins by whom he had two children, both mow infants. Lafe dieid leaving no estate except the twelve acres of land named in the petition, on which he lived and died. Appellee brought this suit against said Geneva and her two children and the other children of Lafe Atkins, claiming, that said land belonged to him by…

1Opinion of the Court

Opinion oir tiie coukt by

JUDGE DUREILLE —

Reversing.

L. E. Atkins was a widower with five children at the time he married Lucy Baker. Subsequent to their marriage Lucy Baker Atkins purchased a tract of land for $400, and died childless. L. E. Atkins then married appellant, Geneva Atkins. Appellee, Baker, brought suit for the land, claiming it as the only brother and heir-at-law of Lucy Baker Atkins. Geneva Atkins defended, claiming a homestead in the property. The sole question is the construction of the deed. The deed is between David Mattingly and wife, *880of the first part, and Lucy Atkins,…

2Cases cited6 opinions

  1. Henderson v. MackCourt of Appeals of Kentucky · 1884
  2. Ratliffe v. MarrsCourt of Appeals of Kentucky · 1888
  3. M. Noyes & Co. v. NicholsSupreme Court of Vermont · 1855
  4. Ball v. Hancock's Adm'rCourt of Appeals of Kentucky · 1884
  5. Spurrier's Heirs v. ParkerCourt of Appeals of Kentucky · 1855

1 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. May v. Chesapeake & Ohio Railway Co.Court of Appeals of Kentucky · 1919
  2. Wintuska v. PeartCourt of Appeals of Kentucky (pre-1976) · 1931
  3. Wilson v. MooreCourt of Appeals of Kentucky · 1912
  4. Spicer v. SpicerCourt of Appeals of Kentucky · 1917
  5. Ratliffe v. RatliffeCourt of Appeals of Kentucky · 1918

13 more not listed; retrieve them via the Exa API.

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