Moore v. Calvert
Court of Appeals of Kentucky
Case 19 — PETITION EQUITY — CITED Revised Statutes, sections 2, 3, chapter 63. CITED 1 Blackstone, 127, 194, n. 29. 6 Mon. 179. 15 B. Mon. 563. 3 Mon. 147-8, Olay’s heirs v. Miller. Littell’s Select Cases, 299, Kobertson, &c. v. Smith’s heirs. Littell’s Select Cases, 394, Roberts, &c. v. Ridgway. 5 Littell, 37, Mclntire v. Funk’s heirs. 7 Mon. 63, South’s heirs v. Thomas’s heirs. Revised Statutes, 2 Stanton, 124. 1 Chitty’s Pleading, 65. Civil Code, sec. 36.
1Opinion of the CourtChief Justice Williams
James Perry by his last will, in the year 1828, devised his lands to his wife for life, and remainder to his children. Sally Lindsay, one of the testator’s daughters, died but a few months before her mother, leaving three minor children surviving her.
John S. Lindsay, the surviving husband, having bought out the other devisees — the brothers and sisters of his deceased wife — sold the laud to appellants, Moore and Williams, who sold it to appellant Parish.
Mrs. Calvert, one of Mrs. Lindsay’s children, had arrived at full age more than three years before this suit by all the children was brought…
2Cases cited2 opinions
- M'Intire's Heirs v. Funk's HeirsCourt of Appeals of Kentucky · 1824
- Machir v. MayCourt of Appeals of Kentucky · 1815
3Cited by14 opinions
- May v. Chesapeake & Ohio Railway Co.Court of Appeals of Kentucky · 1919
- Wilcox v. SamsCourt of Appeals of Kentucky (pre-1976) · 1926
- Henderson v. FielderCourt of Appeals of Kentucky · 1919
- Parsons v. JusticeCourt of Appeals of Kentucky · 1915
- Pope v. BrassfieldCourt of Appeals of Kentucky · 1901
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