Walker v. Leslie
Court of Appeals of Kentucky
Case 103 — PETITION EQUITY APPEAL PROM PIKE CIRCUIT COURT. 1. There -was no equity in appellee’s petition, and the court should have sustained appellant’s motion to transfer to the ordinary docket. (Civil Code, sec. 10, subsec. 1; 1 Story’s Equity, secs. 616, 620, 621, 622, 826, 859; Eraley v. Peters, 12 Bush, 469; Scott, &c., v. Means, 80 Ky., 460.) 2. The court erred in rejecting appellant’s plea of former adjudication.
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Case 103 — PETITION EQUITY APPEAL PROM PIKE CIRCUIT COURT. 1. There -was no equity in appellee’s petition, and the court should have sustained appellant’s motion to transfer to the ordinary docket. (Civil Code, sec. 10, subsec. 1; 1 Story’s Equity, secs. 616, 620, 621, 622, 826, 859; Eraley v. Peters, 12 Bush, 469; Scott, &c., v. Means, 80 Ky., 460.) 2. The court erred in rejecting appellant’s plea of former adjudication. Though the particular matter may not have been necessarily involved in the former litigation, yet if the issues in that case were broad enough to cover it, and it actually…
1Opinion of the Court
JUDGE LEWIS
DELIVERED- THE OPINION OF THE COURT.
Appellee states in Ms petition substantially that lie is the owner and in possession of a tract of land, and adjoining it is a tract of which appellant is owner and in possession, title to each being derived from a com*645mon vendor; that appellant is, by fraud, force and violence, attempting to change the division line and get possession of about ten acres of appellee’s tract; has opened the fence on that line, hauled timber from appellee’s side of it, and prevented him repairing the fence or cultivating the ten acres; and that he, appellant, is…
2Cases cited3 opinions
- Pittsburgh, Cincinnati & St. Louis Railroad v. WoolleyCourt of Appeals of Kentucky · 1876
- Fraley v. PetersCourt of Appeals of Kentucky · 1876
- Musselman v. MarquisCourt of Appeals of Kentucky · 1866
3Cited by5 opinions
- State v. OrfanakisNew Mexico Supreme Court · 1916
- Underhill v. MurphyCourt of Appeals of Kentucky · 1904
- Boone v. RobinsonCourt of Appeals of Kentucky · 1913
- Watkins v. ChildsSupreme Court of Vermont · 1906
- Cheatham v. TerrellCourt of Appeals of Kentucky · 1923