196 Ky. 644 | Ky. Ct. App. | 1922
Opinion op the Court by
Affirming.
Appellant filed bis petition in equity in tbe Allen circuit court against T. A. Wilson and Mrs. E. M. Netherton, wherein be alleged that be was tbe owner of and entitled to tbe possession of a tract of land on tbe Mays-ville road, about five miles eact of Seottsville, consisting of about fifteen acres; and that Wilson was claiming it under some sort of pretended conveyance from bis codefendant, Mrs. E. M. Netherton. He aslced that he be adjudged tbe owner of tbe land, and that tbe court direct the master commissioner to execute and deliver to him a deed of conveyance for it.
A demurrer to tbe petition wa,s sustained, and appellant, declining to plead further, prosecutes this appeal for a reversal of the judgment rendered by tbe court below.
Although tbe petition alleges that appellant is tbe owner of tbe land it does not aver that be holds tbe legal title, but sets up tbe facts on which bis claim of ownership is based. They are, that be is tbe son and only surviving heir of Lizzie Bybee, who died intestate in Allen county; that at tbe time of her death she owned some personal property and thereafter be furnished to bis stepfather, John Hatfield, who survived Lizzie By-bee, a part of the personal property that bis mother left, and also a wagon and a team, with which John Hatfield purchased tbe land. It is further averred that, after tbe death of Lizzie Bybee, Hatfield married E. M. Netherton, and within four months after tbe land was purchased, died; that E. M. Netherton, by tbe permission of appellant, remained on tbe land, agreeing to surrender it to appellant on demand; and that subsequently she sold it to her codefendant, T. A. Wilson, who has since been claiming and occupying it.
The judgment is affirmed.