Legal Opinion

Shaw v. Dixon

Court of Appeals of Kentucky

Decided March 4, 1869PublishedCited by 5 opinions

Case 97 — PETITION EQUITY — CITED 7 Dana, 391, StowelTs heirs v. McCreery’s heirs. 3 Story’s Equity, sec. 887, and authorities cited. 4 Dana, 339, Nailor v. Nailor. ,3 Johnson’s Chancery Reports, 337. CITED Civil Code, secs. 49, 51, 58. Story’s Equity, secs. 61, 63, 64, 65, 66. 1 Ohitty’s Pleading, 18. 3 Bibb, 11, Cameron’s committee v. Pottinger. 6 Dana, 87, Allison y.

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Case 97 — PETITION EQUITY — CITED 7 Dana, 391, StowelTs heirs v. McCreery’s heirs. 3 Story’s Equity, sec. 887, and authorities cited. 4 Dana, 339, Nailor v. Nailor. ,3 Johnson’s Chancery Reports, 337. CITED Civil Code, secs. 49, 51, 58. Story’s Equity, secs. 61, 63, 64, 65, 66. 1 Ohitty’s Pleading, 18. 3 Bibb, 11, Cameron’s committee v. Pottinger. 6 Dana, 87, Allison y. Taylor, &c. 4 Metcalfe, 262, Matson v. Matson. 4 Selden, 112, Moore v. Mayor of New York. 2 J. J. Marshall, 438, Pitzhugh v. Croghan. Greenleaf’s Cruise, 189. 4 Dana, 346, Nailor v. Nailor.

1Opinion of the Court

JUDGE EOBEBTSON

delivered the opinion oe the court.

As rightly adjudged by this court in the ease of Nailor, &c. v. Nailor, &c., 4 Dana, 339, all persons of “unsound” mind, incompetent to take prudent care of themselves and property, are, according to the principles of Kentucky jurisprudence, entitled to the protection and curation of courts of equity as much as technical idiots and lunatics, and that such guardianship may be secured on the petition by next friends seeking an inquisition into the capacity, and the appointment of a committee if incapacity be found and adjudged.

In the case now…

2Cases cited1 opinion

  1. Nailor's Children v. NailorCourt of Appeals of Kentucky · 1836

3Cited by5 opinions

  1. Howard v. HowardCourt of Appeals of Kentucky · 1888
  2. Small v. ReevesCourt of Appeals of Kentucky · 1898
  3. Downing v. SiddensCourt of Appeals of Kentucky (pre-1976) · 1933
  4. Ross Ex Rel. Howerton v. BurtonCourt of Appeals of Kentucky (pre-1976) · 1927
  5. Stevenson v. StevensonCourt of Appeals of Kentucky · 1886

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