Berry v. Lewis
Court of Appeals of Kentucky
Case 83 — ’Action by Henry Lewis and otiiebs against Daniel Bebby AND OTHERS FOE THE SALE AND PABTITION OF REAL ESTATE. APPEAL FROM M’CBACKEN CIRCUIT COURT-L. Di HUSBANDS, CIRCUIT JUDGE. Judgment fob Plaintiffs and Defendants Appeal. 1. It is the contention of appellants, ffiat in the sale of infant’s land owned jointly by them with others, it must not only appear that the property is indivisible, hut that the infants had a vested estate and were in possession.
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Case 83 — ’Action by Henry Lewis and otiiebs against Daniel Bebby AND OTHERS FOE THE SALE AND PABTITION OF REAL ESTATE. APPEAL FROM M’CBACKEN CIRCUIT COURT-L. Di HUSBANDS, CIRCUIT JUDGE. Judgment fob Plaintiffs and Defendants Appeal. 1. It is the contention of appellants, ffiat in the sale of infant’s land owned jointly by them with others, it must not only appear that the property is indivisible, hut that the infants had a vested estate and were in possession. Swearingen v. Abbott, &c., 99 Ky., 271. 2. 'Real estate in which infants own a remainder interest, under the law in this State, can…
1Opinion of the Court
Opinion oe the court by
JUDGE BARKER
Reversing.
In ibis action it is sought to sell a lot of ground situated, in Paducah, Ky., for division of the proceeds among the owners, un<Jer section 490 of the Civil Code of Practice-The appellee Henry Lewis, is the owner of a life estate in. the land during the life of Mrs. Margaret Berry, from whom he purchased his estate therein. The children of Mrs. Margaret Berry, eight in number, were originally the owners of all the remainder interest in the estate, but one of them died, leaving infant children, and one sold her interest to Thomas Lewis. All of the…
2Cases cited4 opinions
- Malone v. ConnCourt of Appeals of Kentucky · 1893
- Ward v. EdgeCourt of Appeals of Kentucky · 1897
- Dineen v. HallCourt of Appeals of Kentucky · 1901
- Swearingen v. AbbottCourt of Appeals of Kentucky · 1896
3Cited by8 opinions
- Atherton v. WarrenCourt of Appeals of Kentucky · 1905
- Hatterich v. BruceCourt of Appeals of Kentucky · 1912
- Duke v. AllenCourt of Appeals of Kentucky · 1923
- Charboneau v. HartCourt of Appeals of Kentucky (pre-1976) · 1925
- Turley v. TurleyCourt of Appeals of Kentucky · 1921
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