Usher's Ex'r v. Flood
Court of Appeals of Kentucky
Case 77 — PETITION EQUITY — APPEAL FROM LOUISVILLE LAW AND EQUITY COURT. 1. Mere possession by a parol donee or vendee of land, will not enable ■ him to defeat an action brought by the owner to recover the possession. None of the cases hold that possession alone is sufficient for that purpose; they go no farther than to hold that a court of equity, will enforce the defendant’s equitable rights.
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Case 77 — PETITION EQUITY — APPEAL FROM LOUISVILLE LAW AND EQUITY COURT. 1. Mere possession by a parol donee or vendee of land, will not enable ■ him to defeat an action brought by the owner to recover the possession. None of the cases hold that possession alone is sufficient for that purpose; they go no farther than to hold that a court of equity, will enforce the defendant’s equitable rights. (Nichols v. Nichols, 1 Marsh., 167: Kenny v. Marsh, 2 Marsh., 49; Letcher v. Cosby, 2 Marsh., 107; Lucas v. Mitchell, 3 Marsh., 245; Barnes v. Wise, 3 Mon., 170; McOampbell v. McOampbell, 2 Mar., 112;…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion oe the court.
J. W. Usher at Ms death left a last-will and testament, by which he appointed the appellant, W. P. Pragoff, his executor. The executor filed this petition in July, 1880, for the settlement of the estate, making the creditors and devisees defendants,. *554and sought to subject the real estate, in controversy to sale for the payment of the debts and legacies.
During the progress of the action the appellees, Michael Flood and wife, who were claiming the realty asked to be sold, consisting of a house and lot in the city of Louisville, were made defendants,…
2Cases cited6 opinions
- Speers v. SewellCourt of Appeals of Kentucky · 1868
- Richmond & Lexington Turnpike Road Co. v. RogersCourt of Appeals of Kentucky · 1870
- Ford v. EllingwoodCourt of Appeals of Kentucky · 1860
- Murray v. PateCourt of Appeals of Kentucky · 1838
- Cameron v. Boyd's AdministratorCourt of Appeals of Kentucky · 1836
1 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Beckett-Iseman Oil Co. v. BackerCourt of Appeals of Kentucky · 1915
- Boone v. CoeCourt of Appeals of Kentucky · 1913
- Campbell v. PreeceCourt of Appeals of Kentucky · 1909
- National Bank of Kentucky v. Louisville Trust Co.Court of Appeals for the Sixth Circuit · 1933
- Benge's Administrator v. FoutsCourt of Appeals of Kentucky · 1915
29 more not listed; retrieve them via the Exa API.