Cox v. Story
Court of Appeals of Kentucky
Case 14 — EQUITY— APPEAL FROM DAVIESS CIRCUIT COURT. Those infants who were over fourteen when the order of revivor was executed upon them, are clearly barred by appellant’s judgment in the former suit; and the same rule applies to those under fourteen,, whom process was served upon, who failed to sue .within twelve months after they arrived at age. Margaret Story is the only one who can by any possibility be entitled to recover.
Read the full summary
Case 14 — EQUITY— APPEAL FROM DAVIESS CIRCUIT COURT. Those infants who were over fourteen when the order of revivor was executed upon them, are clearly barred by appellant’s judgment in the former suit; and the same rule applies to those under fourteen,, whom process was served upon, who failed to sue .within twelve months after they arrived at age. Margaret Story is the only one who can by any possibility be entitled to recover. No title nor right of possession was shown by any of the appellees, and their petition ought to have been dismissed. When this action was instituted Margaret Story…
1Opinion of the CourtChief Justice Lewis
John A. Head, being the owner of a tract of about four hundred and fifty afcres of land, conveyed the whole of it, except about ninety-five acres, to his- children in/fifty-acre lots. Not long before his death he gave to his daughter, Mrs. Story, mother of appellees, and attempted to convey twenty acres of the portion undisposed of, in addition - to-the fifty acres previously given; but by a mistake in the *66•deed, caused by his absence from and want of familiarity with the land, the twenty acres, instead of being located south of and adjoining her fifty-acre lot, where the land undisposed of…
2Cited by2 opinions
- Oliver v. ParkCourt of Appeals of Kentucky · 1897
- Humphrey v. HollandCourt of Appeals of Kentucky · 1921