Rachford v. Lindsay's Heirs

Court of Appeals of Kentucky

Rachford v. Lindsay's Heirs

3 Ky. Op. 408, 1869 Ky. LEXIS 459

DecidedApril 15, 1869

StatusPublished

This text of 3 Ky. Op. 408 (Rachford v. Lindsay's Heirs) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rachford v. Lindsay's Heirs, 3 Ky. Op. 408, 1869 Ky. LEXIS 459 (Ky. Ct. App. 1869).

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Opinion

Opinion of the Court by

Judge Robertson:

As adjudged on the appeal of Sarah B. Carney, the conveyance to Carneal and by him to Lindsay was on an implied trust. The ancestor of the appellant in this case was a party to the conveyance to Carneal and was sui juris. Such a resulting trust is not excepted from the operation of the statute of limitations, which was not suspended by the death of the ancestor of the appellants; and moreover presumptions of adjustment arising from the long lapse of time would alone repel the alleged equity of these appellants.

Consequently, on the statutory bar and also legal presumption, the dismission of the cross petition of the appellants seems to have been right.

Wherefore, the judgment is affirmed.

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Opinion of the Court by

Judge Robertson:

As adjudged on the appeal of Sarah B. Carney, the conveyance to Carneal and by him to Lindsay was on an implied trust. The ancestor of the appellant in this case was a party to the conveyance to Carneal and was sui juris. Such a resulting trust is not excepted from the operation of the statute of limitations, which was not suspended by the death of the ancestor of the appellants; and moreover presumptions of adjustment arising from the long lapse of time would alone repel the alleged equity of these appellants.

Consequently, on the statutory bar and also legal presumption, the dismission of the cross petition of the appellants seems to have been right.

Wherefore, the judgment is affirmed.

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Bluebook (online)

3 Ky. Op. 408, 1869 Ky. LEXIS 459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rachford-v-lindsays-heirs-kyctapp-1869.