King v. Middlesborough Town & Lands Co.
Court of Appeals of Kentucky
Case 6 — IN EQUITY — APPEAL FROM HELL CIRCUIT COURT. 1. If a judgment be procured and rendered under a mutual and simple mistake of law and fact as to the interest of the parties and a mutual and simple mistake of facts as to the extent of the mutual rights and obligations of the parties to each other will equity afford relief and correct the mistake? Civil Code, sec 734; Underwood v. Brockman, &c., 4 Dana, 317; Kerley v. Hume, 3 Mon.. 183; Ray, &c., v. Bank of Kentucky, 3…
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Case 6 — IN EQUITY — APPEAL FROM HELL CIRCUIT COURT. 1. If a judgment be procured and rendered under a mutual and simple mistake of law and fact as to the interest of the parties and a mutual and simple mistake of facts as to the extent of the mutual rights and obligations of the parties to each other will equity afford relief and correct the mistake? Civil Code, sec 734; Underwood v. Brockman, &c., 4 Dana, 317; Kerley v. Hume, 3 Mon.. 183; Ray, &c., v. Bank of Kentucky, 3 B. M., 514; Trimbles v. Harrison, &c., 1 B. M., 142; Price’s Exr. v. Fuqua’s Admr., 4 Mon., 68; Warvelle on Vendors, vol.…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion of the court.
In 1887, J. C. Turner died, intestate, leaving a.wife (who died shortly thereafter) and three children, Alvis, Edith, and J. P. K. Turner. The widow, was not the mother of Alvis and Edith, but of J. P. K. Turner. Alvis and Edith were children by a previous marriage, and J. P. K. Turner was their half-brother. Their father died seized of certain tracts of land in Bell county, Kentucky, which descended to his children. Not long after the death of her father, Edith, whilst an infant, died, and her interest in the lands which she inherited from him…
2Cited by3 opinions
- Vanover v. SteeleCourt of Appeals of Kentucky · 1917
- White v. HoggeCourt of Appeals of Kentucky (pre-1976) · 1956
- West v. Hardwick's Ex'rCourt of Appeals of Kentucky (pre-1976) · 1945