Clay's Adm'r v. Edwards' Trustee
Court of Appeals of Kentucky
Case 74 — PETITION EQUITY APPEAL FROM BOURBON CIRCUIT COURT. 1. The court erred in failing to quash the summons, and strike the so-called petition from the files. The Code requires a caption, and provides what that shall contain. The change of parties made by the amended petition without leave of court was improper and unauthorized.
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Case 74 — PETITION EQUITY APPEAL FROM BOURBON CIRCUIT COURT. 1. The court erred in failing to quash the summons, and strike the so-called petition from the files. The Code requires a caption, and provides what that shall contain. The change of parties made by the amended petition without leave of court was improper and unauthorized. (Civil Code, section 110.) 2. The appellees having declared on a bond and a settlement made by consent in the action brought by them or for their benefit, can not, in the same action, rely on the invalidity of the proceedings. A clearer case of departure could not…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion op the court.
On tlie 2d day of March, 1866, Ossian Edwards, of Bourbon county, Ky., deeded to J. N. Pry all of Ms personal estate, consisting of the proceeds of a tract of land, amounting to $28,909.15, and household and kitchen furniture, and choses in action of every description, to be held in trust by J". N. Pry for the *551■exclusive use aud benefit of Patsey K. Edwards, wife of Ossian Edwards, as separate estate during her life, with remainder to such, of her children by Ossian Edwards as might be living at her death, and to the living descendants of such…
2Cases cited1 opinion
- Cotton's Guardian v. WolfCourt of Appeals of Kentucky · 1878
3Cited by6 opinions
- Riggs v. MoiseSupreme Court of Missouri · 1939
- Jenkins v. BerryCourt of Appeals of Kentucky · 1904
- In re BakerCourt of Appeals for the Sixth Circuit · 1910
- Wilson v. Hite'sCourt of Appeals of Kentucky · 1913
- Maynard v. ChrismanCourt of Appeals of Kentucky (pre-1976) · 1946
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