Mayo v. Emery
Court of Appeals of Kentucky
Case 90 — PETITION ORDINARY — appeal from rowan circuit court. 1. In an action of ejectment in equity, the legal title must prevail; a mere equity oan neither maintain nor bar an ejectment. Gilpin v. Davis, 2 Bibb, 416; Stineburgh v. Wisdom, 13 B. M., 468. 2. Appellees did not sufficiently plead tbe facts constituting am estoppel, which must always be pleaded. Kennemouth. v. Kinnel, 15 Ky. Law Rep., 125; Stacy v. Holliday, 9 Ky. Law Rep., 517; Ray v. Longshaw, 4 Ky.
Read the full summary
Case 90 — PETITION ORDINARY — appeal from rowan circuit court. 1. In an action of ejectment in equity, the legal title must prevail; a mere equity oan neither maintain nor bar an ejectment. Gilpin v. Davis, 2 Bibb, 416; Stineburgh v. Wisdom, 13 B. M., 468. 2. Appellees did not sufficiently plead tbe facts constituting am estoppel, which must always be pleaded. Kennemouth. v. Kinnel, 15 Ky. Law Rep., 125; Stacy v. Holliday, 9 Ky. Law Rep., 517; Ray v. Longshaw, 4 Ky. Law Rep., 905. S. The commissioner appointed by the court took the evidence in) writing as required by the statute, and fully…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion of the court.
The appellant, Mayo, was plaintiff in tbe court below, and upon tbe trial of the case upon its merits, his petition *639was dismissed. After tlie judgment was rendered and before this appeal was prosecuted, and the transcript of the record made, the pleadings and all the depositions taken by the appellees were lost or stolen, at any rate they could not be found. The case was not pending in the court below as the final judgment had been rendered, but on motion of the appellant a commissioner was appointed under section 4, chapter 72, General…
2Cases cited1 opinion
- Haney v. McClureCourt of Appeals of Kentucky · 1889
3Cited by6 opinions
- Morrison v. PriceCourt of Appeals of Kentucky · 1908
- Puckett v. MorrisCourt of Appeals of Kentucky · 1918
- C.W. Hoskins Heirs v. BoggsKentucky Supreme Court · 2007
- Commonwealth Ex Rel. Love v. ReynoldsCourt of Appeals of Kentucky (pre-1976) · 1940
- Farmers Bank v. Farmers BankCourt of Appeals of Kentucky · 1912
1 more not listed; retrieve them via the Exa API.