Wimmer v. Ficklin
Court of Appeals of Kentucky
Case 11 — PETITION ORDINARY APPEAL PROM MONTGOMERY CIRCUIT COURT. 1. Issues purely legal are to be tried by a jury. (Smith v. Moberly and wife, 16 B. Mon. 73.) Where legal as well as equitable matters of defense arise upon the issues made in a case commenced at law, the legal issues should be tried by a jury. (Petty v. Malier, &c., 15 B. Mon. 591; Thomas v. Harkness, 13 Bush, 23.) Sale of land in adverse possession is absolutely void.
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Case 11 — PETITION ORDINARY APPEAL PROM MONTGOMERY CIRCUIT COURT. 1. Issues purely legal are to be tried by a jury. (Smith v. Moberly and wife, 16 B. Mon. 73.) Where legal as well as equitable matters of defense arise upon the issues made in a case commenced at law, the legal issues should be tried by a jury. (Petty v. Malier, &c., 15 B. Mon. 591; Thomas v. Harkness, 13 Bush, 23.) Sale of land in adverse possession is absolutely void. (Rev. Stat. 164; Gen. Stat. 180; Kinsolving v. Pierce, 18 B. Mon. 784.) 3. The plea in estoppel was insufficient, because it did not present the necessary…
1Opinion of the Court
JUDGE ELLIOTT
delivered the opinion of the court.
This was an action at law brought by appellant for the recovery of a tract of land to which he claimed to have the legal title, but.of which the defendant was in possession without right.
The appellee, who was the defendant, answered and denied that the appellant was either the owner or entitled to the possession.
In another paragraph of his answer he alleged that appellant had been the owner of the land in dispute, but that in 1863 the land had been sold under execution levy, on a judgment debt which plaintiff and others owed Pierce, Tolle & Co.,…
2Cases cited4 opinions
- Doe ex dem. McPherson v. WaltersSupreme Court of Alabama · 1849
- Smith v. MundySupreme Court of Alabama · 1850
- Blake v. FashIllinois Supreme Court · 1867
- Foster v. BigelowSupreme Court of Iowa · 1868
3Cited by3 opinions
- Harrington v. Butte & Superior Copper Co.Montana Supreme Court · 1916
- Mullins v. RobinsonCourt of Appeals of Kentucky (pre-1976) · 1925
- Wells v. DerricksonCourt of Appeals of Kentucky · 1919