Gatliff v. Mackey

• Decision Date: 04 October 1907
• Citation: 104 S.W. 379
• Parties: GATLIFF ET AL. v. MACKEY ET AL.
• Court: Kentucky Court of Appeals

104 S.W. 379

GATLIFF ET AL. v. MACKEY ET AL.

Court of Appeals of Kentucky.

October 4, 1907

Appeal from Circuit Court, Whitley County.

"Not to be officially reported."

Action by H. H. Cooper against J. C. Mackey's devisees and other creditors for the settlement of his estate. Claims were filed by Green A. Gatliff and others, to which S. A. Mackey, as executrix and in her own right as widow, filed exceptions. The exceptions were sustained, and the claimants appeal. Affirmed.

Johnson & Snyder, for appellants.

K. D Perkins, for appellees.

NUNN J.

J. C Mackey died testate in the county of Whitley on the 12th day of February, 1905, and left a widow and several children as his devisees, and several creditors. H. H. Cooper, one of his creditors, brought an action against J. C. Mackey's devisees and his other creditors for the purpose of a settlement of the estate. The case was referred to a master commissioner to take proof of claims and the assets in the hands of the widow, the executrix. The commissioner made a report, and allowed, among others, two claims--one in favor of appellant Green A. Gatliff (a judgment), for $235 and interest; the other in favor of appellant A. C. Evans for $371 and interest. S. A. Mackey, as executrix and in her own right as widow, filed exceptions to these claims. In her exceptions she stated that prior to J. C. Mackey's death, and on April 13, 1901, he had been discharged from each of said claims by a judgment of the United States District Court for the District of Kentucky, at Frankfort. She filed the judgment as evidence of the discharge. She stated that the debts of appellant were created long prior to the date of the judgment discharging him from his debts, and that J. C Mackey did not owe either of the debts at the date of his death. The court on the trial sustained her exceptions, and dismissed both of appellants' claims. The only question is: Did the discharge in bankruptcy relieve J. C. Mackey and his estate from the claims of appellants?

It appears that appellants filed in the record of this case, as evidence, a copy of the schedule of indebtedness made by J C. Mackey in the United States District Court. It appears from this copy of the schedule that Mackey reported as owing to Green Gatliff, of Clate, Ky. one note, dated about 1889, for $205. Appellant Gatliff contends that his name is Green A. Gatliff, and that the schedule refers to Green Gatliff and a note of $205, when his claim is for a judgment obtained in 1889 for $235. It also appears from the schedule that Mackey reported owing Tucker Evans one note, dated about 1893, for $300. Appellants contend that, even conceding that Tucker Evans is the same as A. C. Evans, it did not have the effect to discharge Mackey from the claim proved by A. C. Evans, which is a note for $371. That...