Treadway v. Pharis
Court of Appeals of Kentucky
Case 107 — PETITION EQUITY APPEAL PROM CLARK' COTJRT OP' COMMON ‘PLEAS. AsW. M. Pharis had euVtesy in the láhd’su'éd for; the appellant’s C'áuse of action did not accrue until his death, and limitation did not begin-to run until then. . , ,, '1. Nothing can extend the time for instituting a suit for relief in a ease like this-beyond thirty iyears after the'right of action-accrues, and'the right of action accrued in this case when the land in controversy was-convoyed to the…
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Case 107 — PETITION EQUITY APPEAL PROM CLARK' COTJRT OP' COMMON ‘PLEAS. AsW. M. Pharis had euVtesy in the láhd’su'éd for; the appellant’s C'áuse of action did not accrue until his death, and limitation did not begin-to run until then. . , ,, '1. Nothing can extend the time for instituting a suit for relief in a ease like this-beyond thirty iyears after the'right of action-accrues, and'the right of action accrued in this case when the land in controversy was-convoyed to the decedent and he was put in possession. (Medlock,. &c., v. Suter, 80 Ky., 101; Conner and Wife v. Downer, 4 Bush, 631;,…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OP THE COURT.
Appellants, children and heirs-at-law of W. M.. Pharis by his first wife, brought this action against, his children and heirs by his second wife, Hester C.. Pharis, also made defendant, for a division of his< lands fairly, but in such manner as to exclude a tract of about fifty-eight acres, conveyed to the decedent in 1848 by one Tarlton Embry, which they pray may be adjudged to belong to them to exclusion of the defendants.
The ground upon which appellants place their ex-elusive right to that tract of land is, that the consideration was paid to…
2Cited by11 opinions
- Superior Oil Corporation v. AlcornCourt of Appeals of Kentucky (pre-1976) · 1930
- Commonwealth v. ClarkCourt of Appeals of Kentucky · 1904
- Farley v. GibsonCourt of Appeals of Kentucky (pre-1976) · 1930
- Elam v. AlexanderCourt of Appeals of Kentucky · 1917
- Hargis v. Flesher Petroleum Co.Court of Appeals of Kentucky (pre-1976) · 1929
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