Affirming. On May 29, 1928, W.H. Dempewolf as first party and Nat H. Youngblood, trustee, as second party, entered into a contract wherein it was recited that the *Page 134 latter had sold and agreed to convey to the former the life estate of Geo. W. Stanley, Sr., in certain lands in Henderson county which the record discloses consists of three tracts of land containing 88, 580, and 238 acres, respectively, and provided that $2,500 cash should be paid upon delivery of the deed, and $1,000...
Affirming. On March 13, 1929, the board of council of the city of Catlettsburg adopted two ordinances granting certain rights, privileges, and franchises to the Chesapeake Ohio Railway Company, and providing for the opening, closing, and alteration of certain streets in the city. The appellee's line of railway extends through the city of Catlettsburg from the point where it crosses the Big Sandy river on the east to the boundary line between the cities of Catlettsburg and Ashland on the west....
Affirming. In this action by George D. Wright against the Louisville Nashville Railroad Company and the city of Franklin, the trial court, at the conclusion of the evidence for plaintiff, directed a verdict in favor of the defendants. Plaintiff appeals. The facts are these: Cedar street in the city of Franklin runs east and west, and crosses the Louisville Nashville Railroad right of way practically at right angles. The property north of Cedar street and on the west side of the right of way is...
Affirming. Russell Wright, by his father, W.H. Wright, as his next friend, brought this action to recover from L. C. Powers Sons damages for the breaking of his arm, which he alleged was by reason of the negligence of the defendants. The issues were made up, the evidence was heard, and at the conclusion of the plaintiff's evidence the court peremptorily instructed the jury to find for the defendants. The plaintiff appeals. The facts are these: Main street in Corbin runs at right angles with...
Reversing. On April 21, 1930, a judgment was rendered against the appellants, and certain property they had mortgaged to secure this debt was ordered sold. This judgment is rather complicated, but the amount it would have that day required to settle it is $2,587.91. From that judgment Mr. and Mrs. Wren have appealed. On May 6, 1919, G.L. Wren executed to the People's Bank of Mt. Vernon, Ky., his note for $4,526.90, due in six months thereafter, with interest from maturity, and to secure its...
Affirming. Appellants sought to set aside a deed made by their father Lether Davis; they were unsuccessful; hence this appeal. G.W. Davis, Sr., an old rural preacher, departed this life January 21, 1929, survived by Sarah Jane Woody, Mary Alice Richardson, and Reuben Davis as his only children and heirs at law. G.W. Davis, Sr., had reared as a member of his family G.W. Davis, Jr., a son of Reuben Davis. When young G.W. Davis married Lether Warren, he brought his wife to the home of his...
Affirming. This is a proceeding to probate an alleged lost will. G.B. Wood died childless, survived by his widow, Bettie Wood and numerous collateral kindred, consisting of four brothers and a sister and the representatives of three deceased sisters. The proceeding originated in the county court upon a formal application by the widow to establish as the last will of G.B. Wood a lost instrument dated the 4th day of January, 1915, and averred to have been duly executed by G.B. Wood as his last...
Reversing. Reuben Woods instituted this action in the Whitley circuit court against the Provident Life Accident Insurance Company of Chattanooga, basing his action on an accident insurance policy, which was issued to him by that company. Among other provisions, subject to certain conditions and limitations, and which need not be recited, the policy provided for payment of monthly accident indemnity in the sum of $100 to the insured for such time as he might be wholly and continuously disabled...
Dismissing the appeal. The appellant brought this suit against the appellee to recover on a promissory note in the principal sum of $400, with interest from its date until paid. On the issues made by the pleadings and a trial had before a jury on such issues, a verdict was returned in favor of the appellee, and a judgment in his favor was entered on that verdict. An appeal to this court was granted by the court below, and this appeal is prosecuted by the appellant on that appeal granted by the...
Affirming. This is an appeal from a judgment dismissing a claim for board and nursing asserted by the appellant, Mrs. Ursa Wise, against the estate of her deceased aunt, Mrs. Bertha Goldsmith. Mrs. Goldsmith, a widow 76 years of age, died intestate on March 23, 1927. Her estate consisted of approximately $3,000 in cash and other personalty and 170 acres of land in Bullitt county, the value of which does not appear. S.P. Smith qualified as administrator, and filed suit in the Bullitt circuit...
Affirming. Alleging that he was the owner of a certain tract of land, and that J.S. Wireman had trespassed on a small portion thereof, J.B. Wireman brought this suit against J.S. Wireman to enjoin him from further trespassing. A default judgment was rendered in favor of J.B. Wireman, but the judgment was afterward set aside. Thereupon J.S. Wireman filed an answer denying plaintiff's ownership of the land in dispute, and pleading that he was the owner thereof. On final hearing it was adjudged...
Affirming. Wm. L. Peart, died testate, a resident of Simpson county, Ky., in February, 1923. By the first four clauses of his will, he directed that his debts and funeral expenses be paid, and he disposed of $3,000 in specific bequests. By the sixth clause of his will, he made his wife, Sallie M. Peart, executrix of his estate. By the seventh clause he requested his foster son, the appellant F.A. Wintuska, to advise with his wife in the settlement of his estate, and he bequeathed to Wintuska...
Affirming. Appellant was denied a writ of prohibition in the Jefferson circuit court. The facts in the case are identical with the facts in the case of Lola Michael v. Charles C. Fegenbush, Justice of the Peace 238 Ky. 428 , 37 S.W.2d, in which the judgment of the lower court was this day affirmed. On the authority of that case, the judgment of the lower court on this appeal is affirmed. Whole court sitting. *Page 428
Affirming. Various farmers sued this water company for damages done to their farms by a flood of water cast upon them by the breaking of what is, in this record, referred to as a flash dam belonging to the water company. To save costs it was agreed that all of them might join in one action. They did so, all the cases were heard together, and judgments against the water company were recovered as follows: Lewis Holliday, $240. A.C. Clark, $182.50. Elizabeth W. Quisenberry, $562.50. Robert L....
Affirming. In this action by a wife against her husband, the wife was granted a divorce and alimony in the sum of $3,500, an allowance of $100 per month for the support of the wife and three infant children living with her, and the sum of $200 as part of the costs to pay her counsel fees. The husband has appealed from the judgment for alimony and the other allowances. The decree of divorce is irreversible, but the evidence may be reviewed to determine the propriety and reasonableness of the...
Affirming. W.H. Wilson and J.G. Trent were adjacent landowners and rival merchants in the town of Big Clifty in Grayson county. A controversy arose between them over a passway, and litigation ensued. The circuit court adjudged a passway in favor of Trent across the northwest end of one of Wilson's lots, extending from the Trent alley to the Terry alley, and required Wilson to remove a fence constructed by him in the passway. Wilson has prosecuted an appeal, insisting that the judgment rendered...
Reversing. Certain creditors of Elbert Newberry sued him in the quarterly court of Perry county and recovered judgments. Executions were issued thereon and placed in the hands of the sheriff. Before the return day each of the executions was replevied by Elbert Newberry, with his father, William Newberry, as surety on the bond. After the maturity of the bonds, executions were issued thereon and delivered to the sheriff, who, being unable to find any personal property, subject to the debts,...
Judgment overruling exceptions to receiver's report on claim for $371.26. Appeal denied; judgment affirmed. *Page 852
Affirming. In 1905, Henry Maddox, then a resident of Shelby county, Ky., died testate. His will and codicils thereto were duly probated by the county court. The third clause of his original will is in this language: "3rd. To my daughter, Mary Lizzie Maddox, I give my home farm, including the land bought of Rains, and fifty acres bought of my father's estate, containing all together about two hundred and fifty acres, I also give to her the farm bought of Mason containing one hundred and eleven...
Reversing. B.M. Williams, W.C. Turner, and B.F. Kelly, with five others, executed a written guaranty reading: "We, the undersigned, do hereby jointly and severally guarantee to the Black Mountain Bank, Evarts, Kentucky, all notes of the Harlan Co-operative Coal Company payable to the Black Mountain Bank, amounting to $19,500; if same is not paid by said company we agree to pay any balance after due effort to collect same." *Page 664 The Black Mountain Bank subsequently changed its name and...
