Legal Opinion

Lackey v. Lackey

Court of Appeals of Kentucky

Decided December 21, 1847PublishedCited by 3 opinions

Error to the Garrard Circuit. Chancery. Case 27.

1Opinion of the Court

Judge Simpson

delivered the opinion of the Court. — Judge Breck did not sit in this ease.

As persons non compos mentis are not within the operation of the statute of limitations, the plaintiff in error is not barred in the prosecution‘of his writ of error in this case, to the proceedings in 1841, by which he was adjudged to be of unsound mind, and his estate placed under the control of a committee. Persons of non-sane mind are allowed two years next after the removal of their disability, to prosecute a writ of error, notwithstanding three years may have elapsed after the judgment or final…

2Cases cited1 opinion

  1. Nailor's Children v. NailorCourt of Appeals of Kentucky · 1836

3Cited by3 opinions

  1. McCammon v. CunninghamIndiana Supreme Court · 1886
  2. First State Bank of Pineville v. CatronCourt of Appeals of Kentucky (pre-1976) · 1937
  3. State ex rel. Pollard v. BrasherMissouri Court of Appeals · 1918

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