Clift v. Williams

CourtCourt of Appeals of Kentucky
Writing for the CourtWHITE, J.
Citation105 Ky. 559,49 S.W. 328
Decision Date04 February 1899
PartiesCLIFT v. WILLIAMS et al. GLOVER et al. v. WILLIAMS' ADM'R.

49 S.W. 328

105 Ky. 559

CLIFT
v.
WILLIAMS et al.

GLOVER et al.
v.
WILLIAMS' ADM'R. [1]

Court of Appeals of Kentucky.

February 4, 1899


Appeal from circuit court, Fleming county.

"To be officially reported."

Action by the administrator of J. W. Williams against B. F. Clift, trustee, and Glover & Durrett and others, to settle the estate of plaintiff's intestate. Judgment dismissing the cross petitions of the defendants named, and they appeal. Reversed.

John P. McCartney and E. L. Worthington, for appellant Clift. Joseph H. Power and E. P. Humphrey, for Glover & Durrett. Joseph H. Power, for Lucy B. Williams.

WHITE, J.

The two appeals are upon the same transcript, and are heard together. The administrator of J. W. Williams brought an action to settle the estate of his decedent, and both appellants, being creditors of J. W. Williams, were made parties defendant. Appellant B. F. Clift, trustee of Stanton Clift, in his answer and cross petition, alleges that in March, 1878, the decedent, J. W. Williams, executed a note to W. S. Botts for the sum of $2,500, due 12 months after date. To secure this note, Williams and his wife, appellee Lucy Williams, executed a mortgage on a tract of land in Fleming county, and on which Williams then lived. This note to Botts was sold and assigned to John Clarke, and, by the will of John Clarke, devised to appellant Stanton Clift. Payments were made on this note, from time to time, from March, 1879, the last being October 19, 1895. The note, properly proven, and the mortgage, were filed with the cross petition, and judgment was sought enforcing the mortgage lien. To this answer and cross petition of Clift certain creditors of decedent filed answer, and pleaded [49 S.W. 329] the statute of limitation of 15 years to the mortgage therein set out. They alleged that before they gave credit to decedent, J. W. Williams, they caused the records of the county clerk's office of Fleming county to be examined for a period of 15 years next before the investigation, and that, finding within said date no mortgage lien of record, they extended credit to decedent, J. W. Williams, upon the belief, from their investigation, that there was no lien, and these creditors deny that appellant Clift has a lien on the land. W. Y. Williams, a son of decedent, and the administrator, filed answer to the answer and cross petition of appellant Clift. Williams alleges that in January, 1888, he purchased, by deed of general warranty, from decedent, J. W. Williams, and his wife, appellee Lucy Williams, a portion of the land described in the mortgage to Botts, this portion containing 87.1 acres, at the price of $4,350, of which sum $2,500 was paid cash, and that the deferred payments had long since been paid to decedent in his lifetime; and in 1890 purchased of Maginnis, who had purchased of Sousely, who had purchased of Williams, who had purchased of decedent, about five acres of this land, and had paid for same in full. Williams pleaded the statute of 15 years as a bar to Clift's lien; also that Clift, well knowing of his purchase of this portion, indulged decedent for many years without enforcing his lien, and without collecting the full amount of the interest, and pleaded this laches in bar of appellants' lien. Appellee Lucy Williams, the widow of decedent, J. W. Williams, also filed answer to the cross petition of appellant Clift; and alleges that, by the mortgage to Botts, she only waived and relinquished her potential right of dower in the land, and that more than 15 years had elapsed since its execution, and that she was and is ignorant of any payments on the note, and that, as to her rights of dower, the mortgage lien is barred by limitation. To all of these answers to the cross petition of Clift demurrers were filed and overruled by the...

To continue reading

Request your trial
32 practice notes
  • Fitzgerald v. Flanagan
    • United States
    • Iowa Supreme Court
    • April 10, 1912
    ...of limitations. See Lord v. Morris, 18 Cal. 482;Allen v. Allen, 95 Cal. 184, 30 Pac. 213, 16 L. R. A. 646;Clift v. Williams, 105 Ky. 559, 49 S. W. 328, 51 S. W. 821;Carson v. Cochran, 51 Minn. 67, 53 N. W. 1130;Duty v. Graham, 12 Tex. 427, 62 Am. Dec. 534;Hurley v. Cox, 9 Neb. 230, 2 N. W. ......
  • Ed. Fitzgerald v. Flanagan
    • United States
    • United States State Supreme Court of Iowa
    • April 10, 1912
    ...of limitations. See Lord v. Morris, 18 Cal. 482; Allen v. Allen, 95 Cal. 184 (30 P. 213, 16 L. R. A. 646); Clift v. Williams, 105 Ky. 559 (49 S.W. 328, 51 S.W. 821); Carson v. Cochran, 52 Minn. 67 (53 N.W. 1130); Duty v. Graham, 12 Tex. 427 (62 Am. Dec. 534); Hurley v. Cox, 9 Neb. 230 (2 N.......
  • US v. Wood, Civ. A. No. 85-0815-L(J).
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Western District of Kentucky
    • May 6, 1987
    ...See McClain v. McClain, 151 Ky. 356, 151 S.W. 926 (Ky.1912); Morgan v. Wickliffe, 115 Ky. 226, 72 S.W. 1122 (Ky.1903); Clift v. Williams, 105 Ky. 559, 49 S.W. 328 (Ky.1899); Schweitzer v. Wagner, 94 Ky. 458, 22 S.W. 883 (Ky.1893). At best, she had potential dower rights in the excess procee......
  • City of Louisa v. Horton
    • United States
    • Court of Appeals of Kentucky
    • November 7, 1935
    ...540, 26 S.W.2d 32. The same principles govern where the obligation is secured by a lien on real property. Clift v. Williams, 105 Ky. 559, 49 S.W. 328, 51 S.W. 821, 20 Ky. Law Rep. 1261. A promise, made before a debt is barred, serves to suspend the running of the statute or to prolong the s......
  • Request a trial to view additional results
32 cases
  • Fitzgerald v. Flanagan
    • United States
    • Iowa Supreme Court
    • April 10, 1912
    ...of limitations. See Lord v. Morris, 18 Cal. 482;Allen v. Allen, 95 Cal. 184, 30 Pac. 213, 16 L. R. A. 646;Clift v. Williams, 105 Ky. 559, 49 S. W. 328, 51 S. W. 821;Carson v. Cochran, 51 Minn. 67, 53 N. W. 1130;Duty v. Graham, 12 Tex. 427, 62 Am. Dec. 534;Hurley v. Cox, 9 Neb. 230, 2 N. W. ......
  • Ed. Fitzgerald v. Flanagan
    • United States
    • United States State Supreme Court of Iowa
    • April 10, 1912
    ...of limitations. See Lord v. Morris, 18 Cal. 482; Allen v. Allen, 95 Cal. 184 (30 P. 213, 16 L. R. A. 646); Clift v. Williams, 105 Ky. 559 (49 S.W. 328, 51 S.W. 821); Carson v. Cochran, 52 Minn. 67 (53 N.W. 1130); Duty v. Graham, 12 Tex. 427 (62 Am. Dec. 534); Hurley v. Cox, 9 Neb. 230 (2 N.......
  • US v. Wood, Civ. A. No. 85-0815-L(J).
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Western District of Kentucky
    • May 6, 1987
    ...See McClain v. McClain, 151 Ky. 356, 151 S.W. 926 (Ky.1912); Morgan v. Wickliffe, 115 Ky. 226, 72 S.W. 1122 (Ky.1903); Clift v. Williams, 105 Ky. 559, 49 S.W. 328 (Ky.1899); Schweitzer v. Wagner, 94 Ky. 458, 22 S.W. 883 (Ky.1893). At best, she had potential dower rights in the excess procee......
  • City of Louisa v. Horton
    • United States
    • Court of Appeals of Kentucky
    • November 7, 1935
    ...540, 26 S.W.2d 32. The same principles govern where the obligation is secured by a lien on real property. Clift v. Williams, 105 Ky. 559, 49 S.W. 328, 51 S.W. 821, 20 Ky. Law Rep. 1261. A promise, made before a debt is barred, serves to suspend the running of the statute or to prolong the s......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT