Greenhill v. Biggs
Court of Appeals of Kentucky
Case 22 — PETITION EQUITY APPEAL PROM CARTER CIRCUIT COURT. The thirty years’ statute of limitations seems to be a bar to appellee’s action. But if not, the fifteen years’ statute is certainly a complete bar. (Gen. Stats., chap. 71, art. 1, secs. 1 and 4; Conner and Wife v. Donner, &c., 6 Bush, 634;- Chambers v. Pleak, 6 Dana, 431-2; Morton, &c., v. Lawson, 1 B. Mon., 46; Gossom v. Donaldson, 18 B. M., 241; Branson v. Thompson, 5 ICy. Law Bep., 361-2; Odell v. Little, 6 Ky.
Read the full summary
Case 22 — PETITION EQUITY APPEAL PROM CARTER CIRCUIT COURT. The thirty years’ statute of limitations seems to be a bar to appellee’s action. But if not, the fifteen years’ statute is certainly a complete bar. (Gen. Stats., chap. 71, art. 1, secs. 1 and 4; Conner and Wife v. Donner, &c., 6 Bush, 634;- Chambers v. Pleak, 6 Dana, 431-2; Morton, &c., v. Lawson, 1 B. Mon., 46; Gossom v. Donaldson, 18 B. M., 241; Branson v. Thompson, 5 ICy. Law Bep., 361-2; Odell v. Little, 6 Ky. Law Bep., 30.) Appellees’ cause of action, did not accrue until after the death of Mrs. Biggs, which occurred within…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
About the year 1840 Hiram Biggs purchased of one Rice, the patentee, the land in controversy, receiving a bond for title, but without taking actual possession removed to the State of Ohio, where he died about 1841 or 1842. And some time thereafter his widow and eight children removed on the land, erecting a house and occupying it until 1848, when the title bond given by Rice was assigned, or attempted to be assigned, by, the widow and three of the children to Thompson, who thereupon took possession. Thompson sold the land soon after his purchase…
2Cases cited1 opinion
- Russell's heirs v. Marks' heirsCourt of Appeals of Kentucky · 1860
3Cited by22 opinions
- Elder v. McClaskeyCourt of Appeals for the Sixth Circuit · 1895
- May v. Chesapeake & Ohio Railway Co.Court of Appeals of Kentucky · 1919
- Virginia Coal & Iron Co. v. HyltonSupreme Court of Virginia · 1913
- Fordson Coal Co. v. VanoverCourt of Appeals of Kentucky (pre-1976) · 1942
- Wilcox v. SamsCourt of Appeals of Kentucky (pre-1976) · 1926
17 more not listed; retrieve them via the Exa API.