Parks v. Doty
Court of Appeals of Kentucky
Case 31 — PETITION ORDINARY APPEAL PROM GARRARD COMMON PLEAS COURT. 1. The note for $1,300 was given for the joint benefit of Brunette Doty’s four children.
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Case 31 — PETITION ORDINARY APPEAL PROM GARRARD COMMON PLEAS COURT. 1. The note for $1,300 was given for the joint benefit of Brunette Doty’s four children. The court erred in rendering judgment for an undivided part of the note, without showing cause for not uniting with plaintiffs their co-obligees in interest. 2. The court erred in ordering a sale of the one eighth part of the land without proof or affidavit that it was not susceptible of a division without greatly impairing its value and if not susceptible the whole one hundred and seventeen acres should have been sold. . 3. The court…
1Opinion of the CourtChief Justice Lindsay
The first question to be determined on this appeal is the effect of the answer or plea filed by the appellee under the provisions of section 758 of the Civil Code of Practice (Bullitt’s). Said section provides as follows: “If the facts mentioned in section 757 be not shown by the record, the appellee may plead them by a verified answer, to which the appellant may file a verified reply; and the questions of law or fact thereon shall be heard and determined by the court on or after the day on which the case is set for trial.”
The facts mentioned in section 757 are: “That the appeal was…
2Cited by2 opinions
- Taliaferro v. GayCourt of Appeals of Kentucky · 1879
- Smith v. JonesCourt of Appeals of Kentucky (pre-1976) · 1928