Dunn v. Garnett
Court of Appeals of Kentucky
CASE 84. — ACTION BY C. F. GARNETT AND OTHERS AGAINST H. F. DUNN AND ANOTHER TO RECOVER LAND.— October 13. Appeal from Barren Circuit Court. S. E. Jones, Circuit Judge.
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CASE 84. — ACTION BY C. F. GARNETT AND OTHERS AGAINST H. F. DUNN AND ANOTHER TO RECOVER LAND.— October 13. Appeal from Barren Circuit Court. S. E. Jones, Circuit Judge. Judgment for plaintiffs, defendants appeal — 1. It is shown by the record that appellees are children of Eva a slave, born during' slavery, and claiming Jordan Garnett to be their father, and the burden is upon them to show that they are the “issue of a customary marriage of negroes Eva and Jordan” before they shall be held to be legitimate, in order to enable them to inherit from Jordan, their putative father. 2. We insist…
1Opinion of the Court
Opinion of the Court by
Judge Hobson —
Affirming.
Jordan Garnett died about 20 years ago, a resident of Barren county, the owner of a lot in Glasgow, Ky., on which he resided. After his death, his wife, Ann Garnett, lived on the lot. She died a few years ago. After her death, the appellees, C. F. Garnett and his two sisters, claiming that they were the children and heirs at law of Jordan Garnett, brought this suit to recover the land from H. F. Dunn and Edmonia Dunn, who had claimed the property under a tax sale, made while it was in the possession of Ann Garnett, and had taken possession of it.…
2Cases cited2 opinions
- Dannelli v. Dannelli's adm'rCourt of Appeals of Kentucky · 1868
- Botts v. BottsCourt of Appeals of Kentucky · 1900
3Cited by6 opinions
- Howard v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1935
- Hunter v. CommonwealthCourt of Appeals of Kentucky · 1916
- Romans v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929
- Benge v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1936
- Burchett v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1933
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