Affirming. This is an action to set aside a deed which was executed and delivered by Jane Mitchell to her son, James A. Mitchell, one of the appellees herein, on June 2, 1943, by which she conveyed to him a tract of land in Warren County containing 155 acres of land, retaining a life estate therein. Mrs. Mitchell died on June 14, 1943, at the age of *Page 552 seventy-eight. In September 1942, she sustained a fall causing an injury to her hip and from that time until her death she was constantly...
Reversing. On May 15, 1934, E.C. Miller owned a tract of land containing 400 acres, more or less, in Wolfe County, Kentucky. On that date he executed an oil and gas lease to appellant, L.C. Young, whereby lessee was given the privilege of exploring the land and taking therefrom oil and gas, if found in paying quantities, for a period of ten years and so long thereafter as either of the minerals were produced in paying quantities. There were stipulations in the lease as to when a well should be...
Affirming. The matter presented is an outgrowth of litigation which resulted in three former appeals. Pinson v. Williams, 288 Ky. 314 , 155 S.W.2d 869 ; Pinson v. Bentley, 293 Ky. 490 , 169 S.W.2d 305 ; 298 Ky. 396 , 182 S.W.2d 974 . The reader is referred to them for a history of the litigation which began as far back as 1935. We shall only state the situation and status of parties following our last opinion. That appeal involved the disbursement of funds remaining of the deposit by Bentley...
Reversing. The trial court having sustained motions of William T. Smith and Mary Smith, the appellees, to dismiss the petition of R.L. Woolery, trading and doing business *Page 726 as corner grocery, the appellant, the latter now prosecutes this appeal. The questions that arise on this appeal are: (1) Whether the trial court's order was proper in dismissing the petition as to appellee Mary Smith on the ground that the exhibit filed with the petition contained only the name of William T. Smith...
Affirming. The appellant, Roy D. Wood, sought to recover damages in the sum of $17,500 against appellee, Southeastern Greyhound Lines, resulting from a personal assault committed upon appellant by appellee's bus driver. From a judgment of the trial court sustaining *Page 112 a general demurrer to his petition, as amended, the appellant now prosecutes this appeal. The essential and pertinent allegations set up by appellant for his cause of action in his petition and amended petition are in the...
Affirming. Dorman Wilson appeals from a two year sentence for feloniously breaking into a dwelling house and stealing a pistol. KRS 433.180 . The house of Renfro Lovett in Whitley City was forcibly entered during one evening in February, 1946, while he and his family were absent. A pistol was stolen. Among other circumstances tending to prove the appellant guilty was his possession and pawning of the pistol that night to Jeff Crabtree in Whitley City. The defendant denied the charge, and...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 754 Reversing. Edward C. Simons, appellee, recovered judgment against Drufle T. Wilburn and Tilmer Legg, appellants, for $750 for property damage and personal injuries growing out of an automobile collision. Thelma Collier, another appellee, recovered judgment against the same appellants for $4000 for personal injuries growing out of the same collision. The...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 375 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 376 Affirming. A local option election was held in Bell County on May 26, 1945. The final returns showed that prohibition carried by 186 votes. On June 4, 1945, Fred Silhanek demanded a recount by the Board of...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 375 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 376 Affirming. A local option election was held in Bell County on May 26, 1945. The final returns showed that prohibition carried by 186 votes. On June 4, 1945, Fred Silhanek demanded a recount by the Board of...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 375 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 376 Affirming. A local option election was held in Bell County on May 26, 1945. The final returns showed that prohibition carried by 186 votes. On June 4, 1945, Fred Silhanek demanded a recount by the Board of...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 375 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 376 Affirming. A local option election was held in Bell County on May 26, 1945. The final returns showed that prohibition carried by 186 votes. On June 4, 1945, Fred Silhanek demanded a recount by the Board of...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 375 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 376 Affirming. A local option election was held in Bell County on May 26, 1945. The final returns showed that prohibition carried by 186 votes. On June 4, 1945, Fred Silhanek demanded a recount by the Board of...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 375 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 376 Affirming. A local option election was held in Bell County on May 26, 1945. The final returns showed that prohibition carried by 186 votes. On June 4, 1945, Fred Silhanek demanded a recount by the Board of...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 375 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 376 Affirming. A local option election was held in Bell County on May 26, 1945. The final returns showed that prohibition carried by 186 votes. On June 4, 1945, Fred Silhanek demanded a recount by the Board of...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 375 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 376 Affirming. A local option election was held in Bell County on May 26, 1945. The final returns showed that prohibition carried by 186 votes. On June 4, 1945, Fred Silhanek demanded a recount by the Board of...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 375 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 376 Affirming. A local option election was held in Bell County on May 26, 1945. The final returns showed that prohibition carried by 186 votes. On June 4, 1945, Fred Silhanek demanded a recount by the Board of...
Reversing. This declaratory judgment action was brought by Milton T. Whitworth, Commonwealth's Attorney for the Ninth Judicial District, against Clarence Miller, Commissioner of Finance, and T.W. Vinson, Treasurer of the Commonwealth, to recover the emoluments of his *Page 26 office during his absence in the armed forces from January 21, 1942, to April 10, 1945, and to obtain a judicial determination of whether or not the appellees may withhold receipts of his office until the Commonwealth is...
Affirming. *Page 448 This is an action and counteraction to quiet title to 1,155 acres of alluvial land which was reformed or created by reappearance after the original soil had been washed away or submerged by the Mississippi River. We agree with the appellants that the history and geography of the locality is of interest. We quote from their brief: "Of all the inconceivably, mischievous pranks upon its neighbors by this 'Ole Man River' in his ubiquitous and incomprehensible process of 'just...
Reversing. This case was submitted and decided at a special term of court held on July 15, 1946, and an order reversing the judgment was entered on that day because of the necessity for early disposition. Time was reserved for the preparation and filing of this opinion. The appellant, E.G. White, is serving as sheriff of Clay County by appointment made February 8, 1946, to fill a vacancy created by the death of the incumbent. The appellees, Oscar Hubbard, John C. Burns, Herman Lewis, Leslie...
Affirming in part, reversing in part. C.M. Langdon and others, appellees, brought this suit on March 21, 1944, against William H. Whitaker and others, appellants, to quiet title to 200 acres of land and to enjoin timber cutting thereon. *Page 668 A jury verdict having been rendered against Whitaker on the question of his asserted title by adverse possession and the trial court having entered, in conformity to such verdict, its judgment declaring Langdon to be the owner of subject land and...
Affirming. The Third National Bank, as executor of the will of Mrs. Clara Whitton, brought this action for a construction of her will and to have the chancellor determine which, if either, of two churches took 10% of the estate under the will. In a well-reasoned opinion the chancellor wrote that neither church took under the will, and the trustees of the Oak Spring United Baptist Church appeal. A proper consideration of the case necessitates a *Page 301 brief resume of the facts, about which...
Affirming. *Page 372 This appeal involves the construction of Edward F. Wetstein's will, the pertinent parts of which are as follows: "Second: I give, devise and bequeath all of my estate, real, personal and mixed and wheresoever situated to my beloved wife, Amelia K. Wetstein, for and during her natural life. "Fourth: After the death of my beloved wife, Amelia K. Wetstein, I give, devise and bequeath to the German Methodist Deaconess Home and Hospital, located in Louisville, Kentucky, the sum...
Affirming. The appeal is from a judgment for $72,000 and interest, awarded under the rule of equitable subrogation. A. Farnell Blair was general contractor for the construction *Page 489 of Camp Atterbury cantonment in Indiana. He let certain sub-contracts, amounting to about $750,000, to the Meyer Plumbing Heating Company of Louisville. It executed two bonds to Blair with the appellant, the Western Casualty Surety Company, as surety, in the amount of $395,000. These were separate from general...
Affirming. Cecil Wells was convicted of the voluntary manslaughter of Oscar Beasley and sentenced to the penitentiary *Page 16 for a term of five years. As grounds for reversal of the judgment of the trial court, Wells now contends that (1) there should have been a directed verdict of acquittal and that (2) the voluntary manslaughter instruction given by the trial court was erroneous and that (3) the rulings of the trial court on admission and rejection of evidence were erroneous. The facts of...
Reversing. Appellant was convicted of the crime of rape, allegedly committed upon Mrs. Ann Hutchinson, in her apartment in Latonia on the morning of January 9, 1946. He was sentenced to confinement in the State Reformatory for a period of ten years. Two errors are assigned for reversal: (1) The Court erred in overruling appellant's motion for a directed verdict of acquittal; and (2) the Court erred in admitting a verbal confession allegedly made at police headquarters in the presence of seven...
Reversing. Appellant was convicted of the crime of rape, allegedly committed upon Mrs. Ann Hutchinson, in her apartment in Latonia on the morning of January 9, 1946. He was sentenced to confinement in the State Reformatory for a period of ten years. Two errors are assigned for reversal: (1) The Court erred in overruling appellant's motion for a directed verdict of acquittal; and (2) the Court erred in admitting a verbal confession allegedly made at police headquarters in the presence of seven...
Reversing. Appellant was convicted of the crime of rape, allegedly committed upon Mrs. Ann Hutchinson, in her apartment in Latonia on the morning of January 9, 1946. He was sentenced to confinement in the State Reformatory for a period of ten years. Two errors are assigned for reversal: (1) The Court erred in overruling appellant's motion for a directed verdict of acquittal; and (2) the Court erred in admitting a verbal confession allegedly made at police headquarters in the presence of seven...
Reversing. Appellant was convicted of the crime of rape, allegedly committed upon Mrs. Ann Hutchinson, in her apartment in Latonia on the morning of January 9, 1946. He was sentenced to confinement in the State Reformatory for a period of ten years. Two errors are assigned for reversal: (1) The Court erred in overruling appellant's motion for a directed verdict of acquittal; and (2) the Court erred in admitting a verbal confession allegedly made at police headquarters in the presence of seven...
