Newland v. Gentry
Court of Appeals of Kentucky
Case 30. Pet. Eq. APPEAL FROM LINCOLN CIRCUIT. This suit was instituted by the appellees, as heirs at law of Sally Gentry, deceased, who was a daughter of Herbert King, deceased, for various objects, amongst others, to compel a surrender, from appellant’s testator, of two small parcels of land allotted and partitioned to two of the Kings, in the division of the forty-seven acre tract of land by a judgment of the Lincoln circuit court, and to set aside that judgment of the…
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Case 30. Pet. Eq. APPEAL FROM LINCOLN CIRCUIT. This suit was instituted by the appellees, as heirs at law of Sally Gentry, deceased, who was a daughter of Herbert King, deceased, for various objects, amongst others, to compel a surrender, from appellant’s testator, of two small parcels of land allotted and partitioned to two of the Kings, in the division of the forty-seven acre tract of land by a judgment of the Lincoln circuit court, and to set aside that judgment of the said court, for division of the said land, and a sale of the slaves of the estate, for the reasons and causes set forth in…
1Opinion of the Court
Judge Simpson
delivered the opinion of the court.. The principal question in this case is, had the circuit court jurisdiction, on the grounds alleged by the plaintiffs in their petition, to reverse and vacate a decree previously rendered by the same court? As the decree which the plaintiffs sought to reverse had been rendered in a suit in chancery which was instituted before the adoption of the Code of Practice, it is not entirely certain that a bill brought to reverse that decree would be embraced by the Code of Practice, and if not, then no question could be made as to the sufficiency of the…
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