Affirming the judgment both on the original and cross appeals. Nelson Collier and his wife, Sarah, were the joint owners of 50 acres of land in Johnson county. On March 15, 1893, the husband, in consideration of love and affection, conveyed his undivided one-half interest in the land to the wife and their infant children, James, Mary and Laura Collier. By this deed the wife took a life estate with remainder to the three children in that undivided one-half. Davis v. Hardin, c., 80 Ky. 672 ;...
Reversing. The Cincinnati and Corbin Division of the L. N. R. R. Co., known in this record as the "main line," runs in a southerly direction between the points named. The Lexington-Maloney Division of the same company, called the "L. E.," runs east and west, the tracks of the two divisions intersecting at the city of Winchester. Trains on the main line have the right of way and are protected at this point from approaching trains on the other division by derails upon the tracks of the latter....
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 123 Reversing. The Kentucky Union Company brought this action against Judith Ison, etc., alleging that it owned and was in the actual possession of a boundary of land in Perry county within the Ison Stamper patent for 12,000 acres and being all that part of the patent which is in the present county of Perry. They alleged that the defendants were trespassing...
Affirming. We are controlled in the settlement of the questions presented by this appeal by our opinion today, handed down in O.H. Irvine v. Old Kentucky Distillery and Joseph J. Sass. While the two cases were never consolidated, by agreement they were tried upon the same evidence. The facts of the two cases differ only in that O.H. Irvine and R.H. Irvine owned different amounts of the capital stock of the corporation, with the consequent difference in the amount sought to be recovered. In the...
Affirming. In the latter part of the year 1918, the officers, directors and stockholders of the Old Kentucky Distillery, a *Page 415 Kentucky corporation, which, for some years, had been engaged in manufacturing and selling whiskey, inaugurated plans for closing out its business. The adoption of the Eighteenth Amendment made that seem to be necessary. The corporation was capitalized at $800,000.00, divided into eight thousand shares of the par value of $100.00 each. All the stock was owned by...
Affirming. The appellee, H.A. Dutschke, the owner of a tract of land in Breckinridge county, entered into a verbal contract in 1920 with the appellant, who was to cut and remove certain standing timber from the land of appellee, *Page 370 and after the manufactured timber had been sold the proceeds were to be divided between them in the proportion of 60 per cent. to appellant and 40 per cent. to appellee. After the timber had been cut, manufactured, and sold, a dispute arose as to the terms of...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 311 Reversing. This is a suit in equity against certain stockholders in a corporation arising out of the alleged breach of an executory contract of sale of certain shares of stock at its value, such value to be later ascertained, but not being fixed for seventeen months thereafter. From a judgment dismissing his petition plaintiff appeals. The case has been...
Reversing. The People's Deposit Bank brought these actions against J.F. Bishop and his wife, Clara Bishop, to collect from J.F. Bishop certain notes and judgments the bank held against him and to subject to their debt 103 1/2 shares of the capital stock of the Washington County Tobacco Warehouse Company, alleging that the stock was the property of J.F. Bishop and had been put in the name of his wife by him with the fraudulent intent to cheat, hinder and delay his creditors, and that while the...
Reversing. Appellant and plaintiff below, Ashland Iron Mining Company, operates an industrial plant in Ashland, Kentucky' and on and prior to November 24, 1919, Louis Fowler was in its employ. Both the employer and employee had accepted the provisions of our Workmen's Compensation Act and on that day Fowler sustained an accident arising out of and in the course of his employment from the results of which he lost an eye. He applied to the compensation board and was awarded $12.00 per week for...
