Affirming. This action was instituted by appellee, the Chesapeake Ohio Railway Company, against the appellants, the heirs of James Case, seeking to have its title quieted to a boundary of land in Bath county consisting of a strip 3171.4 feet long and 100 feet deep together with an adjacent strip 871.2 feet long and 100 feet deep. The strip last described composed two acres of land and for convenience will be referred to as the two acre tract, although all of the land was conveyed as one...
Affirming. This appeal presents a controversy between mother and son, involving the cancellation of a deed from the mother to the son. The mother is a widow about 70 years of age; the son is about 26. The father of appellee died about the year 1932, leaving her a small tract of land, title to which is in controversy here. Carpenter v. Wynn, 252 Ky. 543 , 67 S.W.2d 688 . During the last days of the father's life appellee took care of him, and the son, the youngest of several children, lived in...
Affirming. The Bank of Campbellsville closed its doors June 5, 1939, and its assets were turned over to the State Banking Securities Commissioner who designated W.W. Webster, Special Deputy Director, to liquidate the bank. On October 16, 1941, after six dividends, totaling 60%, had been paid, the Special Deputy Director notified creditors of the bank that a seventh dividend of 7% would be paid October 27, 1941. It was stated in the notice that a final distribution of 8% or 10% would be made...
Affirming. Charles Conant died in 1935 at the age of 89 in the house and on the farm where he was born, which had been owned by him, his father and grandfather for more than 100 years. The farm was at the outskirts of Smithland and contained 104 acres. The residence was an old brick house located on Conant Hill overlooking the confluence of the Cumberland and Ohio rivers. In recent years the farm has been traversed by four or five roads which cut it into several parcels, and only the bottom...
Reversing. On May 10, 1937, the appellant issued to Dewey S. Parish an insurance policy insuring his life in the sum of $500 in which James E. Parish, father of the insured, was named beneficiary. The insured died February 1, 1939, and soon thereafter proof of claim was made and presented to appellant. Appellant refused to pay the claim and thereupon James E. Parish brought this action to recover of appellant the sum stipulated in the policy. Appellant defended upon the grounds that (a) the...
Reversing. The appellant Charlie Wireman, was jointly indicted with Bud Wireman and Jim Dunn for the malicious shooting and wounding of Ulysses Reed, a negro. Upon a separate trial he was convicted and his punishment was fixed at confinement in the penitentiary for two *Page 706 years. On this appeal he assigns four errors: 1. Competent evidence was excluded; 2. the verdict is flagrantly against the evidence; 3. the instructions are erroneous; 4. the jury should have been allowed to view the...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 46 Affirming. On the first appeal of this case we held that deeds tendered Judge Robert H. Winn, who had contracted to purchase certain property in Mt. Sterling, would not have passed a fee simple title and that the judgment enforcing specific performance was erroneous. It was not necessary to construe two wills which formed the source of the grantor's title....
Reversing. In January, 1942, Thomas H. William, individually and as guardian of his two children, John F. William and Harriet William, entered into a written contract with appellant, R.H. Winn, for the purchase and sale of a business building in Mount Sterling, asserting ownership in himself of one-half of the property and in his children and wards of the other one-half. By the terms of the contract, for the purpose of determining title, an action was to be filed by William against Winn seeking...
Affirming. These two cases have been consolidated, and will be disposed of in one opinion. On March 28, 1940, Eli Wiltshire filed in the Warren circuit court a petition in equity against the city of Bowling Green and its board of councilmen in which he sought reinstatement as a policeman of the city of Bowling Green and recovery of his salary of $100 per month from December 19, 1939, the date on which he was discharged. He alleged in his petition that he was employed as a policeman on the _ day...
Affirming. On July 9, 1924, Joe Stephens, of McCreary county, died, the owner of certain lands, which, by his last will and testament, he directed to be sold "at private or public sale as my executor hereinafter named may think best, so as to make same bring the most money, the terms of the sale to be made by him as he thinks best and to the best advantage, said sale to be had within a reasonable time after my death." He further directed that the money in hand derived from such sale be divided...
Reversing. Marcus Moore died intestate on November 7, 1938; and on February 4, 1939, the administrator of his estate, together with his heirs at law, including several infants acting through their statutory guardian, filed an ex parte petition in the circuit court alleging that the decedent "left personal property more than sufficient to pay all his debts and funeral expenses," and two indivisible tracts of land which it would be necessary for the court to order sold "for the purpose of making...
Reversing. The appellant was the holder of licenses issued by the proper governmental authorities authorizing him to sell beer of not over 3 2/10% alcoholic content by weight in Precinct No. 5 of Corbin, Whitley County, Kentucky. The licenses had been issued following a precinct election on December 9, 1939, at which a majority of the voters had approved the sale of the beverage. On December 19, 1936, Whitley County had voted "dry" in a county-wide local option election held in accordance with...
Reversing. Lee Wilson was convicted of forcibly raping Mayme Schneider, a female above 12 years of age, an offense denounced *Page 225 by Section 1154, Kentucky Statutes. His punishment was fixed at confinement in the penitentiary for 10 years and on this appeal he contends the judgment should be reversed because: (1) The court erred in not directing a verdict in his behalf; (2) the court erred to his prejudice in the instructions given. Mayme Schneider was an unmarried woman, 44 years of age....
Affirming in part and reversing in part. This appeal is from a judgment setting aside three deeds by which the appellant, Gertrude Williams, conveyed to her sister, the appellant, Sadie Williams, certain real estate and ordering it sold to satisfy a judgment against Gertrude amounting to approximately $1,800. The judgment was obtained by appellee in 1939 in *Page 103 an action filed in the year 1938, while the deeds set aside by the judgment were executed in 1936 and recorded in 1937. The...
Reversing. In February, 1938, appellee, J.L. Sanders, became surety on a replevin bond for appellant in the sum of $475, plus costs, etc. Appellant failed to pay the bond and on May 28, 1938, appellee paid the bond, costs and interest, *Page 217 amounting to $524.57. In November, 1940, appellee brought this action in the Madison circuit court against appellant to recover of him the sum or amount stated above. The petition further set out allegations for a general order of attachment which was...
Affirming. Appellee, plaintiff below, in August 1939, filed petition in equity, asserting that he was the owner and in possession of two described tracts of land. He charged that Williams, defendant below, was claiming title to a portion of the lots, and had been trespassing by building walls and filling in a part of one of the lots. He sought injunctive relief, damages, and a quieting of title. Williams denied the allegations of Hunter's pleading and in counterclaim alleged that he was the...
Affirming. The appellant, Robert Williams, a negro, appeals from a judgment sentencing him to death for the rape of Mrs. Virgie Wigginton, a white woman. On April 16, 1941, Mrs. Wigginton and her husband *Page 369 went from Louisville to Lexington, where the husband, who was a baker, was endeavoring to obtain a position in a bakery. They arrived late in the evening and, after contacting the bakery, found that they did not have a room in which to spend the night. An employee of the bakery turned...
Appeal denied; judgment affirmed. *Page 855
Affirming. This case involves the question of whether or not the appellee, E.L. Cundiff, former sheriff of Casey County, deposited $745.73 in his tax account in the now defunct Commercial Bank at Liberty on October 26, 1939. Nine members of the jury found in favor of Cundiff; hence this appeal. Reversal is urged upon the grounds that (1) the court erred in overruling the bank liquidator's motion to transfer the case to the equity docket; and (2) the verdict is not sustained by the evidence and...
Appeal denied; judgment affirmed.
