Legal Opinion

Buchanan v. Boyd's Ex'r

Court of Appeals of Kentucky

Decided October 28, 1909PublishedCited by 3 opinions

CASE 15. — ACTION BY THE EXECUTOR OF ROBERT BOYD, SR., AND OTHERS AGAINST NATHAN BUCHANAN AND OTHERS TO RECOVER LAND Appeal from "Whitley Circuit Court. M. J. Moss, Circuit Judge. Judgment for plaintiffs, defendants appeal. QUESTIONS DISCUSSED AND AUTHORITIES CITED. 1. In an action of ejectment issue is joined by filing an answer denying the allegation of ownership in plaintiff.

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CASE 15. — ACTION BY THE EXECUTOR OF ROBERT BOYD, SR., AND OTHERS AGAINST NATHAN BUCHANAN AND OTHERS TO RECOVER LAND Appeal from "Whitley Circuit Court. M. J. Moss, Circuit Judge. Judgment for plaintiffs, defendants appeal. QUESTIONS DISCUSSED AND AUTHORITIES CITED. 1. In an action of ejectment issue is joined by filing an answer denying the allegation of ownership in plaintiff. Civil Code, subsection 2, section 125; Simms v. Simms, 88 Ky. 642; Howton v. Roberts, 20 R. 1331; Anderson v. Proctor Coal Co., 25 R. 131; Williams v. Watson, 19 R. 1798. 2. It is surplusage to plead evidence of title…

1Opinion of the Court

Opinion of the court By

Wm. Rogers Clay. Commissioner

Affirming.

R. Boyd, Sr., instituted this action against appellants, Nathan Buchanan and others, to recover two tracts of land lying in Whitley county, Ky. Appellants filed an answer pleading that they were in possession of the first tract named in the petition, but were not in possession of the second tract. They denied plaintiff’s title to the first tract and pleaded title in themselves. Thereafter R. Boyd, Sr., filed a reply denying the affirmative allegations of the answer. Subsequently, and without objection on behalf of the appellants,…

2Cases cited1 opinion

  1. Parks v. SmootCourt of Appeals of Kentucky · 1898

3Cited by3 opinions

  1. Boswell's v. Senn's Admr.Court of Appeals of Kentucky · 1920
  2. Chrisman v. GreerCourt of Appeals of Kentucky (pre-1976) · 1931
  3. Cates v. PentecostCourt of Appeals of Kentucky (pre-1976) · 1931

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