(DOWNLOAD) "Ford Motor Co. v. Vanover" by Court Of Appeals Of Kentucky # eBook PDF Kindle ePub Free
eBook details
- Title: Ford Motor Co. v. Vanover
- Author : Court Of Appeals Of Kentucky
- Release Date : January 13, 1946
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
LATIMER, Justice. This appeal is prosecuted from a judgment which denied to appellants a new trial of a former action. Appeal had been prosecuted to this court from the former action and the judgment affirmed. Fordson Coal Company v. Vanover et al., 291 Ky. 447, 164 S.W.2d 966. The above appeal was from a judgment declaring the appellees to be the owners of a one-half undivided interest in and to 300 acres of land which the appellant claimed to own in its entirety by conveyance from John Brewer. The appellees claimed an interest by inheritance from their mother, Elizabeth Wooten. The land in question was formerly owned by Davis Wooten, upon whose death it became vested by inheritance in his two sons and two daughters, one of which daughters was the mother of the appellees. In 1882 a deed was executed to John Brewer purporting to convey the land in question. It appears that by inadvertence, or somehow, the county clerk in recording the deed omitted the name of Elizabeth Wooten, the mother of the appellees. The recorded deed further does not show the certificate of acknowledgement as to Elizabeth Wooten. Thus, the record title shows the appellees to have a one-fourth undivided interest in the land. The Fordson Company undertook to establish the execution of the deed by Elizabeth Wooten upon the testimony of two witnesses to the effect that in a trial in the District Court of the United States for the Eastern District of Kentucky, they heard W. H. Wooten, who was a brother of Elizabeth Wooten, and one of the grantors in the deed in controversy, testify that he saw Elizabeth Wooten sign and acknowledge the deed. The court held this evidence insufficient to establish the execution of the deed by Elizabeth Wooten. The Fordson Company appealed from that decision.