Magowan v. Young

• Decision Date: 07 May 1920
• Parties: MAGOWAN ET AL. v. YOUNG ET AL.
• Court: Kentucky Court of Appeals

221 S.W. 234

188 Ky. 74

MAGOWAN ET AL. v. YOUNG ET AL.

Court of Appeals of Kentucky.

May 7, 1920

Appeal from Circuit Court, Montgomery County.

Suit by J. R. Magowan and another against D. N. Young and others. Judgment for defendants, and plaintiffs appeal. Affirmed.

Robert H. Winn, of Mt. Sterling, for appellants.

Chas. D. Grubbs and W. C. Hamilton, both of Mt. Sterling, for appellees.

CLAY, C.

J. R. Magowan and his mother, Emma Magowan, own a large farm adjoining the eastern limits of the city of Mt. Sterling. In the fall of 1909, D. N. Young and others organized a corporation, under the name of the Old Kentucky Packing Company, for the purpose of slaughtering animals, buying and selling meats and hides, manufacturing fertilizers, and conducting a general packing house business. As a site for the proposed business, Young and his associates purchased from the Magowans about two acres of their farm. The purchased tract was situated at the intersection of the Owingsville turnpike and the Chesapeake & Ohio Railroad. Near by is a thickly settled negro suburb called Smithville. Immediately after the purchase of the lot, the company began the erection of its plant. Later on, the enterprise was abandoned, and the property was sold to D. N. Young. Young built a residence thereon, and also built a store building, which was occupied as a grocery and soft drink stand. Young also sold a portion of the lot to W. M. O'Rear, a colored man, who proposes to erect a residence thereon. The property has been subdivided, and Young proposes to sell the other lots to negroes for residence purposes.