Legal Opinion

Perkins v. McCarley

Court of Appeals of Kentucky

Decided March 5, 1895PublishedCited by 6 opinions

Case 9 — PETITION EQUITY APPEAL PROM GARRARD CIRCUIT COURT. 1. The charge that the land was indivisible could not be taken as true against non-residents in the absence of evidence. (McFarland v. Garnett, 10 Ky. Law Rep., 91; Sears v. Henry, 13 Bush, 416; Civil Code, sec. 409; Idem, sec. 606, subsec. 3; Idem, sec. 574.) Friddle v. Kohn, 14 Ky.

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Case 9 — PETITION EQUITY APPEAL PROM GARRARD CIRCUIT COURT. 1. The charge that the land was indivisible could not be taken as true against non-residents in the absence of evidence. (McFarland v. Garnett, 10 Ky. Law Rep., 91; Sears v. Henry, 13 Bush, 416; Civil Code, sec. 409; Idem, sec. 606, subsec. 3; Idem, sec. 574.) Friddle v. Kohn, 14 Ky. L. R., 312, distinguished. 2. An action for the sale of land belonging to the estate of a decedent and distribution of proceeds must be brought in. the county where the will is probated. (Civil Code, sec. 66; Flint v. Spurr, 17 B. Mon. 513; Driskill v.…

1Opinion of the Court

JUDGE PAYNTER

delivered the opinion of the court.

John Perkins, domiciled in Lincoln county, Ky., died testate, bequeathing to certain of his children a tract of land in Garrard county Ky., containing about one hundred and fifty acres. An action was instituted in the Garrard Oir: cuit Court by part against the other devisees to sell the land and distribute the proceeds of the sale among the devisees for the reason, as alleged, that it would materially, impair the value of the land to partition it among them.

*45The action is under sub-sec. 2, sec. 490, Civil Code.

The court ordered a sale of the…

2Cited by6 opinions

  1. Webb v. Webb's GuardianCourt of Appeals of Kentucky · 1917
  2. City of Harrodsburg v. AbramCourt of Appeals of Kentucky · 1910
  3. Huber v. JohnsonCourt of Appeals of Kentucky · 1917
  4. Bronaugh v. CommonwealthCourt of Appeals of Kentucky · 1920
  5. Boreing v. MelconCourt of Appeals of Kentucky · 1914

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