(Download) "Duckwall v. Greggs Adm'r" by Court Of Appeals Of Kentucky * Book PDF Kindle ePub Free
eBook details
- Title: Duckwall v. Greggs Adm'r
- Author : Court Of Appeals Of Kentucky
- Release Date : January 06, 1944
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
FULTON, Chief Justice. This controversy originated in an action for the settlement of the estate of E. M. Gregg, including a sale of his real estate. It was alleged that the decedent was the owner of certain described land at the time of his death and that appellant Duckwall and the appellee, Martha E. Nash, were claiming an interest therein. They were made defendants and called upon to set up any claim they might have to the land or be forever barred. The land was described in the petition as two tracts, one of 2.714 acres, the other of 0.569 of an acre. The larger tract is almost an exact square. The smaller is a rectangular tract, adjacent to the larger on the west. The two boundaries form one tract on the north side of Highway 60 and are enclosed by fence, there being no division fence between them. Only the 0.569 acre tract is in controversy. The facts appearing by pleading and proof are that W. N. Mitchell acquired ownership of six tracts on November 21, 1923. The first tract in his deed is the 0.569 acre tract. The second and third tracts are immediately across Highway 60 and are not involved here. The fourth, fifth and sixth tracts in Mitchell's deed comprise the 2.714 acre tract. In March 1930 Mitchell conveyed tracts one, two and three to the appellee, Martha E. Nash, these three tracts being the 0.569 acre tract and the two tracts across the road on the south side, the latter two containing approximately 22 acres. Mrs. Nash conveyed the three tracts in identical form to Duckwall by general warranty deed. After conveying the three tracts to Mrs. Nash Mitchell had three tracts left, comprising the 2.714 acre tract, which he conveyed to E. M. Gregg in January 1931.