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WELLMAN v. BILLUPS

266 S.W.2d 95 (1954)

WELLMAN et al. v. BILLUPS.

Court of Appeals of Kentucky.

March 19, 1954.

Attorney(s) appearing for the Case

Kit C. Elswick, Lexington, for appellants.

C. F. See, Jr., Louisa, for appellee.

SIMS, Chief Justice.

Appellants, Lillian and Ira Wellman, brought this action under § 518, subsec. 4 of the Civil Code of Practice for a new trial on the ground that appellee, Maggie Billups, obtained judgment through fraud, whereby the latter was declared to be the owner of a small strip of land about 10 feet wide running the length of the adjoining properties of the parties. A demurrer to the petition was overruled and appellee's answer was a general denial...

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