Eakins v. Eakins
Court of Appeals of Kentucky
Case 34 — Action foe Partition — APPEAL FROM HENDERSON CIRCUIT COURT. Judgment for Defendant and Plaintiff-Appeals. One hundred and sixty acres of land was allotted to Elizabeth Eakins in 1863 as her dower. She subsequently married one Thompson. There were eight heirs in remainder.
Read the full summary
Case 34 — Action foe Partition — APPEAL FROM HENDERSON CIRCUIT COURT. Judgment for Defendant and Plaintiff-Appeals. One hundred and sixty acres of land was allotted to Elizabeth Eakins in 1863 as her dower. She subsequently married one Thompson. There were eight heirs in remainder. The appellant owned two-eighths, having purchased J. W. Eakin’s interest in 1883. Four of the heirs conveyed by metes and bounds their interest in the dower tract to Felix Eakins, Mrs. Thompson joining in the deed, who subsequently conveys to appellee Lee Eakins. There had never been any partition of the land, nor…
1Opinion of the Court
Opinion op the court by
JUDGE GUFFY —
Reversing.
It appears from the petition in this action that Samuel TV. Eakins departed this life the owner of a considerable body of real estate, leaving eight children and a widow. It further appears that 160 acres of said land was allotted' to the widow', Elizabeth Q., who afterwards married Thompson, it further appears that four of the heirs of said decedent, Samuel TV. Eakins, sold one-eighth interest in said dower, or what was assumed to be one-eighth, being 20 acres, and conveyed same by metes and bounds to certain parties, and finally the same was…
2Cases cited2 opinions
- Garth's Guardian v. ThompsonCourt of Appeals of Kentucky · 1901
- Hopkins v. CrouchCourt of Appeals of Kentucky · 1887
3Cited by7 opinions
- Howard v. LongCourt of Appeals of Kentucky (pre-1976) · 1931
- Dailey v. BennSupreme Court of Oklahoma · 1921
- Atkinson v. KishCourt of Appeals of Kentucky (pre-1976) · 1967
- Boyers v. BoyersCourt of Appeals of Kentucky (pre-1976) · 1949
- Manley v. BooneCourt of Appeals for the Ninth Circuit · 1908
2 more not listed; retrieve them via the Exa API.