Chiles v. Sheffer's Ex'rs

• Decision Date: 15 December 1911
• Citation: 146 Ky. 42,141 S.W. 369
• Parties: CHILES v. SHEFFER'S EX'RS.
• Court: Kentucky Court of Appeals

141 S.W. 369

146 Ky. 42

CHILES v. SHEFFER'S EX'RS.

Court of Appeals of Kentucky.

December 15, 1911

Appeal from Circuit Court, Fayette County.

Action was brought before a justice of the peace by J. Alexander Chiles against Nathan Johnson, in which J. Howard Sheffer's executors were named as garnishees. The garnishees' demurrer to the jurisdiction of the justice having been overruled, they filed a petition in the circuit court for a writ of prohibition, restraining the justice from proceeding further in the case. From an order overruling plaintiff's demurrer to such petition, and from a judgment holding that the justice had no jurisdiction of the fund sought to be garnished, plaintiff appeals. Reversed and remanded.

J Alexander Chiles, pro se.

CLAY C.

Appellant J. Alexander Chiles, sued one Nathan Johnson in the court of Ben D. Bell, a justice of the peace of Fayette county, to recover on a note of $20, subject to certain credits amounting to $5.50. Judgment was rendered in his favor, and subsequently an execution issued upon the judgment. Appellees, W. W. and R. C. Estill, executors under the will of J. Howard Sheffer, were summoned as garnishees. They answered that they had no property in their hands belonging to Johnson. Whereupon Chiles filed an amended petition making appellees parties defendant, and charging that, under and by virtue of the will of J. Howard Sheffer, they had in their hands certain funds belonging to the defendant Johnson. Appellees filed a special demurrer to the jurisdiction of the court. This was overruled. They then filed their petition in the Fayette circuit court, and asked for a writ of prohibition restraining Ben D. Bell, justice of the peace, of Fayette county, from proceeding further in the case of J Alexander Chiles v. Nathan Johnson, so far as appellees were concerned. To this proceeding appellant, Chiles, was made a party defendant. He demurred to the petition, and his demurrer was overruled. Thereupon the court adjudged that Ben D. Bell, justice of the peace, was without jurisdiction over appellees, or the trust fund or income thereof, and entered judgment prohibiting the justice of the peace from taking any further steps or proceedings against the appellees in the case pending in this court. From that judgment, Chiles appeals.

It appears from the petition that some years ago J. Howard Sheffer died testate, and that appellees, W. W. Estill and R C. Estill, were appointed his executors. By the third item in his will Sheffer provided as follows: "My executors will place two thousand dollars on loan well secured so long as Harrison Blanton, an old and faithful servant of mine lives, the interest of which, or so much thereof as they deem necessary, they will apply to help him in his old age and sickness, and also to help Nathan, son of Aggie, a former faithful servant of mine. At the death of said Harrison Blanton and Nathan the two thousand dollars is to be divided among my said daughters and their descendants as the residue of my estate is hereinafter directed to be divided, and the portion of Mrs. Spurr and her children is to be held by her trustee in the same manner and on the same trust as...