Ringo v. Warder
Court of Appeals of Kentucky
Error to the Freming Circuit. Chancery. Case 110. The case stated. Decree of the Chancellor. M complainant asking equity-will be required' .first todO equity. The husband cannot, assert an interest in right of his wife in a Court of Equity, ■without making her a party. -The failure to máke the necessary parties m the original suit, held to be a sufficient ground of reversal on bill of review.
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Error to the Freming Circuit. Chancery. Case 110. The case stated. Decree of the Chancellor. M complainant asking equity-will be required' .first todO equity. The husband cannot, assert an interest in right of his wife in a Court of Equity, ■without making her a party. -The failure to máke the necessary parties m the original suit, held to be a sufficient ground of reversal on bill of review. Equity w¡n üot P^1™.6 , ■ one but passively, to otheTufiay out an eironeoü^oí ^¿ionaf°g to withhold the 235V 2 VVem’. 150-1 —But a mere failure to assert title, of which the party was ignorant at the…
1Opinion of the Court
Judge Makshall
delivered the opinion of the Court.
The case of Dennis vs Warder, &c., (3 B. Monroe, 173,) in which a judgment in ejectment in favor of Warder, the plaintiff, was reversed by this Court, is referred fo'for á statement .of the’preliminary facts of the present case, and of the nature-of Warder’s claim. It now appears, that before the -reversal of that judgment, Warder entered'upon the'possession of the land -in contest, of. which, he claimed one fifth'as the share of his wife in the estate descended from her father, Moses Moss;, and that upon a bill filed by him against the…
2Cited by1 opinion
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