Gully v. Ray
Court of Appeals of Kentucky
Case 18. Pet. El. APPEAL FROM GARRARD CIRCUIT. The appellant takes the following grounds for reversal: 1. That the possession of Gully, which according to the evidence of one witness (Drury Gully) was 28 years, and by another, (Baker) 25 or 30 years, was sufficient of itself to vest the legal title in the husband, and that upon the strictest rules of the common law entitled the wddow to dower.
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Case 18. Pet. El. APPEAL FROM GARRARD CIRCUIT. The appellant takes the following grounds for reversal: 1. That the possession of Gully, which according to the evidence of one witness (Drury Gully) was 28 years, and by another, (Baker) 25 or 30 years, was sufficient of itself to vest the legal title in the husband, and that upon the strictest rules of the common law entitled the wddow to dower. But if tested by the modem decisions Gully had what w'as tantamount to the legal title. It was not pretended that Gully had not long since paid the consideration, and that entitled him to a conveyance…
1Opinion of the Court
Judge SnursoN
delivered the opinion of the court.
The plaintiff brought this action to recover dower in a tract of land which her husband had in his possession for a number of years, but which he sold and disposed of previous to his death.
According to the testimony he settled on the land in 1806, and subsequently purchased it, by executory contract, from Anderson and Yancleave. The time of his purchase does not appear, but as Anderson and Yancleave did not purchase or acquire any interest in it themselves until 1818, the rational inference is, that his contract of purchase was subsequent to…
2Cases cited3 opinions
- Stow v. TifftNew York Supreme Court · 1818
- Holbrook v. FinneyMassachusetts Supreme Judicial Court · 1808
- Oldham v. SaleCourt of Appeals of Kentucky · 1840
3Cited by5 opinions
- Dooley v. MerrillMassachusetts Supreme Judicial Court · 1914
- Chalk v. ChalkCourt of Appeals of Kentucky (pre-1976) · 1942
- Melton Et Ux. v. LaneSupreme Court of Oklahoma · 1911
- Pursifull's Adm'x v. PursifullCourt of Appeals of Kentucky (pre-1976) · 1944
- Rohn v. LeachDefiance County Court of Common Pleas · 1922