Perry v. Perry's
Court of Appeals of Kentucky
Case 42 — PETITION ORDINARY TRANSFERRED TO EQUITY— APPEAL FROM OWEN CIRCUIT COURT. 1. The executrix of the will of B. H. Perry, deceased, should have been a party-plaintiff. The court therefore erred in overruling the, special demurrer to plaintiff’s petition.
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Case 42 — PETITION ORDINARY TRANSFERRED TO EQUITY— APPEAL FROM OWEN CIRCUIT COURT. 1. The executrix of the will of B. H. Perry, deceased, should have been a party-plaintiff. The court therefore erred in overruling the, special demurrer to plaintiff’s petition. (Civil Code, secs. 18, 21.) 2. The court erred in sustaining the exceptions of appellee to the deposition of E. R. Perry, th& appellee having herself testified as a witness in her own behalf. 3. The judgment is not sustained by the evidence, for the reason that there was no proof contradicting the divers witnesses of appellant. 1. If…
1Opinion of the Court
JUDGE HAZELRIGG
deliveked the opinion oe the court.
In 1884 tbe appellants executed their joint note to one B. H. Perry for $1,000. The payee died shortly thereafter, and the appellee and her brother, Green Perry, as his sole devisees, became the owners of this note.
On March 12, 1885, the note was renewed and $500 more money was loaned to the appellants, who executed their joint note to Green and Lucy Perry for the sum of $1,586.65. Green Perry died within a few weeks after this, and the ap-pellee, as his sole devisee, became the owner of the note. Whether or not any one ever qualified as the…
2Cited by4 opinions
- George L. Cayce and Ana Jane Cayce v. Carter Oil CompanyCourt of Appeals for the Tenth Circuit · 1980
- Hill v. BreedenWyoming Supreme Court · 1938
- Glock's Admr. v. WeikelCourt of Appeals of Kentucky · 1912
- Mathews v. DeFoorSupreme Court of Georgia · 1931