Legal Opinion

McFarland v. Hatchett

Court of Appeals of Kentucky

Decided June 1, 1904PublishedCited by 23 opinions

Case 52 — Action by Julia McFarland and Husband Against Roland Hatchett &c., to Recover an Interest in Land and for Rents, &c. APPEAL FROM HENDERSON CIRCUIT COURT-J. W. HEJNSO'N, CIRCUIT JUDGE.

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Case 52 — Action by Julia McFarland and Husband Against Roland Hatchett &c., to Recover an Interest in Land and for Rents, &c. APPEAL FROM HENDERSON CIRCUIT COURT-J. W. HEJNSO'N, CIRCUIT JUDGE. From the Judgment Plaintiff Appeals. 1. The abolishment of the rule in Shelly’s case, both by legislative enactment and judicial decision, clearly evinces the intendment to give to ordinary language its proper meaning, and to emphasize the fact that the word “children,” or similar words, though sometimes alternating with the word “heirs,” and are used synonymously with the words “heirs,” “issue” or…

1Opinion of the Court

Opinion or the court by

JUDGE NUNN

Reversing.

The appellants sued Roland Hatchett, alleging that Sarah Hatchett, who was the mother of appellant Julia McFarland and appellee Madison Hatchett, owned a house and lot in Henderson, Ky., for life, and that her children owned the fee in remainder; that Sarah Hatchett died some two- years before the institution of this action, and that appellee, Roland Hatchett had been in possession of this property, and. owed her and her brother rent from the date of her mother’s death to the institution of this action; that the property was not susceptible of…

2Cases cited16 opinions

  1. Bodine's Adm'rs v. ArthurCourt of Appeals of Kentucky · 1890
  2. Rose v. RoseCourt of Appeals of Kentucky · 1898
  3. Davis v. HardinCourt of Appeals of Kentucky · 1880
  4. Moran v. DillehayCourt of Appeals of Kentucky · 1871
  5. Hood v. DawsonCourt of Appeals of Kentucky · 1895

11 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Union Gas & Oil Co. v. Wiedeman Oil Co.Court of Appeals of Kentucky (pre-1976) · 1924
  2. Hall v. WrightCourt of Appeals of Kentucky · 1905
  3. American National Bank v. MadisonCourt of Appeals of Kentucky · 1911
  4. Ely v. United States Coal Coke CompanyCourt of Appeals of Kentucky (pre-1976) · 1932
  5. Virginia Iron, Coal & Coke Co. v. DyeCourt of Appeals of Kentucky · 1912

18 more not listed; retrieve them via the Exa API.

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