Reports of Civil And Criminal Cases Decided By ..., volume 9; volume 116
Reports of Civil And Criminal Cases Decided By ..., volume 9; volume 116
Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Kentucky (District). Supreme Court, Alexander Keith Marshall, William Littell
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Davidson and Others. J. J, C. BACH, W, H. MILLER asd L. H. M. SALYEIR, fob appel- 1. In this case no action was instituted to settle the estate until after the lai>se of nearly seven years after it was devised. 2. It is not denied that the atppellees are bona fide purchasers of the land for a valuable consideration, 3. It can not be seriously contended that the judgment dis- missing appellant's petition so far as it sou^t to subject the land was improper. 4. The Judgment apipealed from is not a... final #>rder, it being merely an expression of an opinion that the creditors sihould exhaust the other property before interfering with, that which had been divided aiLong the devisees. Opinion of the coubt by JUDGE H0B30N — ^Revebsino. Appellant, Hurst, on November 19, .1898, filed his petition In equity in the Perry circuit court, alleging that in the year 1892 John A. Duff died a resident of Perry county, leaving, surviving him, Polly Duff, his widow, who has since died, aiso a number of children and grandchildren, his heirs at law, who were made defendants to the action.
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