Morrison v. Fletcher
Court of Appeals of Kentucky
Case 61 — Action by W. D. Fletcheb Against O. A. Morrison and Others to Recover a House and Lot.- APPEAL PROM HARDIN CIRCUIT COURT-T. R. MCBEATH, CIRCUIT JUDGE. Judgment for Plaintiff. Defendants Appeal. POINTS AND AUTHORITIES. The appellants contend that: 1. The pleadings of the plaintiff below, appellee here, do1 not authorize the relief granted. Ky. Stat., sec. 11. 2. The probate of Mary M. Morrison’s will can not be collaterally attacked in this case. Ky.
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Case 61 — Action by W. D. Fletcheb Against O. A. Morrison and Others to Recover a House and Lot.- APPEAL PROM HARDIN CIRCUIT COURT-T. R. MCBEATH, CIRCUIT JUDGE. Judgment for Plaintiff. Defendants Appeal. POINTS AND AUTHORITIES. The appellants contend that: 1. The pleadings of the plaintiff below, appellee here, do1 not authorize the relief granted. Ky. Stat., sec. 11. 2. The probate of Mary M. Morrison’s will can not be collaterally attacked in this case. Ky. Stat., sec. 4852; Johnson v. Bard et al., 54 S. W., 721; Whalen v. Nisbet, 95 Ky., 464. 3. The deed made by Mary M. Morrison to Georgie…
1Opinion of the Court
Opinion of the court by
JUDGE SETTLE
Reversing.
The record in this case presents a controversy between •the appellants O. A. Morrison and Lucy A. Morrison (formerly Lucy A. Richardson) and the appellee, W. D. Fletcher, over the title to a house and lot situated in the city of Elizabethtown, Ky.; the former claiming it as devisees in remainder under the will of Mary M". Morrison, the latter as sole devisee under the will of his wife, Georgia A. Fletcher, nee Georgia A. Morrison. It appears that the real estate. in question was formerly owned by Mary M. Morrison, a widow, and resident of De Witt,…
2Cases cited4 opinions
- Allen v. FromanCourt of Appeals of Kentucky · 1894
- Ford v. Gregory's HeirsCourt of Appeals of Kentucky · 1849
- Whalen v. NisbetCourt of Appeals of Kentucky · 1894
- Owings v. TuckerCourt of Appeals of Kentucky · 1890
3Cited by16 opinions
- May v. Chesapeake & Ohio Railway Co.Court of Appeals of Kentucky · 1919
- Foster v. JordanCourt of Appeals of Kentucky · 1908
- Cavin v. LittleCourt of Appeals of Kentucky (pre-1976) · 1926
- Hargis v. Flesher Petroleum Co.Court of Appeals of Kentucky (pre-1976) · 1929
- Wooten's Trustee v. HardyCourt of Appeals of Kentucky (pre-1976) · 1927
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