Affirming. This is the second appeal of this case. See Young et al. v. Hill et al., 247 Ky. 672 , 57 S.W.2d 470 . All issues were determined on the first appeal, except the question of priority of Hill's attachment lien and the mortgages of J.P. Young and the Charleston Trust Company, on three oil tanks, six pump jacks, six shackel lines, various lead lines, gasoline engine, and all of its connections with power lines, various quantities of casing, tubing, and sucker rods at six *Page 398 wells...
Affirming. *Page 264 What is before us is another chapter of the litigation resulting from the receivership of the Louisville Title Company. A number of controversies growing out of this receivership were here at previous terms, and among the cases disposing of them are Wilson, Banking Commissioner, v. Louisville Title Company, 244 Ky. 683 , 51 S.W.2d 971 ; Cralle v. Louisville Title Company, 244 Ky. 753 , 52 S.W.2d 891 ; Fidelity Columbia Trust Company v. Schmidt, 245 Ky. 432 , 53 S.W.2d 713 ;...
Reversing. Under an indictment charging him with the murder *Page 39 of Cecil Keyes, Frank Young has been found guilty, his punishment fixed at life imprisonment and he is appealing. One of the grounds urged for reversal is that the court erred in not granting a new trial on the ground of newly discovered evidence. In support of this ground, the alleged newly discovered evidence is set forth in an affidavit of John Lantrip, the newly discovered witness referred to in the motion and grounds for...
Affirming. Appellant was convicted of the crime of murder. He appeals from a judgment sentencing him to death, complaining (1) that the verdict is contrary to the evidence; (2) that incompetent evidence was admitted; and (3) that another murder occurred in the courthouse during the progress of his trial and so excited the minds of the jurors as to cause them to render an excessive verdict. His only defense to the indictment was a plea of insanity. It was shown that appellant anticipated that...
Affirming. This action was commenced in equity to recover the consideration of $2,500, recited in a deed of John W. and Lizzie Young to Taylor Barnett. The prayer to the petition concludes "for all proper, legal and equitable relief." Barnett traversed the petition and pleaded the statute of limitation of five years as a bar to the recovery of the $2,500. The concluding language of the prayer to the answer is "for his costs herein and all proper relief." In taking the testimony, the parties...
Affirming. On July 1, 1933 George Yett, colored, procured a certificate of life insurance under a group policy covering employees of the United States Coal Coke Company for $1,000, payable to "Amelia Yett, his wife." The policy was issued by the Missouri State Life Insurance Company, and later assumed by the General American Life Insurance Company. Yett died August 31, 1934, and the named beneficiary claimed the insurance. She sued the company and the employer, calling upon the latter to file...
Affirming. This suit was originally instituted by the appellant before the Workmen's Compensation Board for compensation for the death of her son, James J. Sheffield, who was employed by the appellee company. It is admitted that Sheffield was working under the provisions of the Workmen's Compensation Act (Ky. Stats. sec. 4880 et seq.). It is claimed by appellant that the death of her son resulted from an injury received by him on July 18, 1929, while at work in the course of his employment. The...
Reversing. The W.T. Congleton Company prosecutes this appeal from a judgment upholding an award ($7.80 per week for 51 weeks for temporary total disability, $3.90 per week for 283 weeks for permanent partial disability, and $100 for surgical bills) made to Orel T. Bradley by the Workmen's Compensation Board. We shall hereafter refer to the parties as Congleton and Bradley. Circumstances of Injury. Congleton was building a public highway from Dawson Springs to Princeton. Congleton secured...
Affirming. The appellant, Floyd Wright, brought this suit against William Sales, individually, and Will Sales, a corporation, of which William Sales was president, to recover damages for personal injuries which appellant sustained by falling from a ladder scaffold erected against the front wall of appellees' building. The appellant alleged in his petition that the scaffold was defective, and its defective condition was known to appellees, or could have been known by the exercise of ordinary...
Affirming. This is the second appeal of this case. The facts in the present case are substantially the same as in *Page 299 the former one as set out in that opinion, 253 Ky. 498 , 69 S.W.2d 1062 , 1064, and it is not necessary to repeat them in this opinion. The case was reversed on the former appeal because of erroneous instructions, and in that opinion the court indicated the proper instructions to be given on another trial on issues where the evidence is substantially the same. In the...
Reversing. Harry Brenner owned an oil and gas lease on the land of Howard Wright, situated in Daviess county. The Cane Run Petroleum Company, a domestic corporation, owned an oil and gas lease on Williams' 20 acres, adjoining Howard Wright's. Thomas E. Adams and Herman Brenner, a brother of Harry, engaged in business in the firm name of Brener Adams. They owned no oil and gas leases, but operated drilling machines and engaged in drilling wells for other persons or corporations. Harold Wright...
Affirming. *Page 30 The appellee, Tillie Brown, brought this suit in the Kenton circuit court to recover damages for personal injury received by her by falling on the floor in appellant's store. She alleged in her petition, in substance, that on the 19th day of October, 1933, she entered defendant's store for the purpose of making a purchase of merchandise. Upon entering the store, she proceeded to a counter on which soap is kept for sale, and, as she reached the counter or a point near the...
Affirming. From a sentence of death imposed upon him for the murder of J.M. Anderson, Woodford has appealed. This account of the homicide is copied from his testimony: On November 5th, 1933, I did not have any money, and I needed some money to get me some winter clothes. I had met Anderson up there, and had ridden on his car for the last two years, and I knew *Page 729 that he probably would have some money on the car on the late run, and I decided to hold him up. I thought he would have about...
Affirming. This is an appeal from a judgment and certain orders of the Clark circuit court entered in the suit filed therein of the trustee in bankruptcy, seeking the subjection and sale of the rights and interests in certain *Page 224 property of the bankrupts, Hugh E. Witt and Susan A. Witt, which has been, under the will of Grant Witt, devised them jointly with the appellee Minnie Lois Griggs. Grant Witt died in 1928 a resident of Winchester, Ky., and the owner of the several houses and lots...
Reversing. The board for Louisville and Jefferson County Children's Home is a corporation created and existing under sections 938b-1 to 938b-23, inclusive, Kentucky Statutes. Its organization, history, and the purpose *Page 292 of its creation and the scope of its authority and duties are reviewed in Fox v. Board of Louisville and Jefferson County Children's Home, 244 Ky. 1 , 50 S.W.2d 67 . Its authority and duties involved in this action are defined by sections 938b-10 and 938b-11. These...
Reversing. In 1931, Dan Wireman and wife, Nora Wireman, conveyed a tract of land of some 105 acres in Magoffin county, Ky., to his son, the defendant, David Wireman, for the following consideration expressed in the deed: "David Wireman is to take care of me my life time and is to keep me in plenty as long as I live and at my death it falls to him and I am to control this land as long as I live and anything that is on the land. * * *" In December, 1933, Dan Wireman, the aged father, brought this...
Affirming. In a forcible detainer proceeding instituted by Phil Grauman, agent for the Adath Israel Charitable Educational Association, the court, at the close of the evidence and upon motion of plaintiff, directed the jury to find for plaintiff, and pursuant to a directed verdict adjudged that defendants, C.J. and Ethel Wilson, were guilty of forcibly detaining from plaintiff its property at 840 South Third street in Louisville, Ky., that it was entitled to restitution of the premises, and...
Appeal denied. Judgment affirmed.
Reversing. On April 4, 1934, F.F. Williams and H.L. Beckner filed this appeal from a default judgment that was taken against them by J.E. Miller on September 25, 1933. This was an action on a note by which the Beaver Motor Sales Company promised to pay to the order of Miller on June 9, 1930, at Wayland, Ky., $700 with interest. On the back of this note were the signatures of Williams and Beckner. Such unexplained signatures made them indorsers. See section 3720b-63, and subsection 6 of section...
Affirming. The appeal is from an order sustaining a special demurrer to the petition and dismissing it. We state its substance. The plaintiff, D.J. Williams, is a resident citizen and taxpayer of Madison county. The defendants are John McWilliams, sheriff of that county, M.J. Brennan, state revenue agent, and Harry D. Kremer. On or about March 14, 1934, the sheriff collected from the Petroleum Exploration, Incorporated, back taxes amounting to $12,041.05. Of that sum $3,807.19 was due the state,...
