Roberts' Heirs v. Ridgeway

Court of Appeals of Kentucky

Roberts' Heirs v. Ridgeway

16 Ky. 394, 1 Litt. Sel. Cas. 394, 1821 Ky. LEXIS 40

DecidedOctober 13, 1821

StatusPublished

This text of 16 Ky. 394 (Roberts' Heirs v. Ridgeway) 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

Roberts' Heirs v. Ridgeway, 16 Ky. 394, 1 Litt. Sel. Cas. 394, 1821 Ky. LEXIS 40 (Ky. Ct. App. 1821).

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Opinion

Opinion of the Court, by

Judge Owsley.

According to the principle settled in the case of Robinson vs. Smith's heirs, at this term, it was correct, in these cases, to instruct the jury that the disability of part of the co-heirs of Roberts, could not prevent the operation of the statute of limitations, and that, whether the demise laid in the declaration be joint or several, all of the heirs must be under some disability at the time of the title coming to them, to bring their case within the saving of the statute.

The judgment, in each case, must be affirmed with costs.

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Opinion of the Court, by

Judge Owsley.

According to the principle settled in the case of Robinson vs. Smith's heirs, at this term, it was correct, in these cases, to instruct the jury that the disability of part of the co-heirs of Roberts, could not prevent the operation of the statute of limitations, and that, whether the demise laid in the declaration be joint or several, all of the heirs must be under some disability at the time of the title coming to them, to bring their case within the saving of the statute.

The judgment, in each case, must be affirmed with costs.

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Bluebook (online)

16 Ky. 394, 1 Litt. Sel. Cas. 394, 1821 Ky. LEXIS 40, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-heirs-v-ridgeway-kyctapp-1821.