Harding v. Tate

• Decision Date: 07 February 1902
• Parties: HARDING v. TATE et al. [1]
• Court: Kentucky Court of Appeals

68 S.W. 17

HARDING v. TATE et al. ^[1]

Court of Appeals of Kentucky.

February 7, 1902

Appeal from circuit court, Henderson county.

"Not to be officially reported."

Action by one Harding against one Tate and another. From the judgment, Harding appeals. Affirmed.

Clay & Clay, for appellant.

M. C. & G. D. Givins and Yeaman & Yeaman, for appellees.

PAYNTER, J.

The conveyance of the 483 and 72 acre tracts of land in Henderson county by A. S. Tate, Jr., to his wife, Virginia G. Tate, and her children by him, was voluntary. A mortgage made by Tate and his wife, the mortgagee not having notice of the conveyance to which we have referred, created a lien upon the land superior to the rights of the grantees. The court did not err in ordering the 72-acre tract sold. Section 1907, Ky. St.; Earl v. Couch, 3 Metc. 450; Winter v. Mannen, 81 Ky. 123; Enders v. Williams, 1 Metc. 346; Brown v. Connel, 85 Ky. 403, 3 S.W. 794; Ward v. Thomas, 81 Ky. 452. It was beneficial to the infant children of A. S. Tate, Sr., to be reimbursed out of his interest in the 483-acre tract. This probably could not have been done, except with the consent of their father. However, he has expressed his willingness to have it done. The appellant purchased the 72-acre tract under the judgment of the court, and we are of the opinion that the court can make him a good title thereto. The appellees are not entitled to damages on the supersedeas bond by reason of an order which the court made in the case to which all interested parties agreed.

The judgment is affirmed, without damages.

---------

Notes:

^[1] Reported by Edward W. Hines, Esq., of the Frankfort bar, and formerly state reporter.

---------