Butler v. McMillan
Court of Appeals of Kentucky
Case 65 — PETITION ORDINARY — appeal from MASO» CIRCUIT court. 1. A conveyance by the husband alone, in 1818, of the wife’s land, and possession thereunder by the purchaser for more than thirty years after the death of the wife, gives good title by limitation. (Gen, Stat., chapter 71, article 1, section 4; Conner v. Downer, 4 Bush, 681; Medloek v. Suter, 80 Ky., 101; Bransom v. Thompson, 80 Ky., 387; Mantel v. Beal, 82 Ky., 122; Bradley v. Burgess, 10 Ky.
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Case 65 — PETITION ORDINARY — appeal from MASO» CIRCUIT court. 1. A conveyance by the husband alone, in 1818, of the wife’s land, and possession thereunder by the purchaser for more than thirty years after the death of the wife, gives good title by limitation. (Gen, Stat., chapter 71, article 1, section 4; Conner v. Downer, 4 Bush, 681; Medloek v. Suter, 80 Ky., 101; Bransom v. Thompson, 80 Ky., 387; Mantel v. Beal, 82 Ky., 122; Bradley v. Burgess, 10 Ky. Law Rep., 701.) 2. Prior to 1846 there was a right of action in the wife, jointly with the husband, to recover land in the adverse…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion op the court.
At the death of Benj. Clark, that took place many years since, his lands, lying in Mason and Fleming counties, were divided between his children. A part of the land in the division fell to Mrs. Mary McMillan, the wife of Andrew F. McMillan and daughter of the intestate. There .is some question made as to the regularity ■of the partition, but it appears that the children took possession of their respective parcels and have been in the possession for more than half a century, and it is ■now too late to raise such an issue.
On the 28th of February, in…
2Cases cited9 opinions
- Medlock v. SuterCourt of Appeals of Kentucky · 1882
- Bransom v. ThompsonCourt of Appeals of Kentucky · 1883
- Mantle v. BealCourt of Appeals of Kentucky · 1884
- Neal v. RobertsonCourt of Appeals of Kentucky · 1834
- Smith v. LongCourt of Appeals of Kentucky · 1859
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Superior Oil Corporation v. AlcornCourt of Appeals of Kentucky (pre-1976) · 1930
- Hargis v. Flesher Petroleum Co.Court of Appeals of Kentucky (pre-1976) · 1929
- Turner v. BegleyCourt of Appeals of Kentucky (pre-1976) · 1931
- Louisville & Nashville Railroad v. ThompsonCourt of Appeals of Kentucky · 1899
- Dotson v. DotsonCourt of Appeals of Kentucky · 1916