Powell v. Baer

OpiNion op the Court by

Judge Miller

Reversing.

Charles S. Hathaway, of Owensboro, died in October, 1909, intestate, unmarried, and without issue, leaving as his only heirs at law,, the appellant Antonio Powell, who was an aunt on the maternal side, and a third cousin, three second cousins, and two first cousins on the paternal side. At the time of his death, Hathaway owned three pieces of real estate situated in Owensboro, and this suit was brought by Antonio Powell as one' of the joint owners of said real estate, against the other joint owners, under section 490 of the Civil Code of Practice,…