Ray v. Spears' Ex'r

• Decision Date: 24 September 1901
• Citation: 64 S.W. 413
• Parties: RAY v. SPEARS' EX'R et al. [1]
• Court: Kentucky Court of Appeals

64 S.W. 413

RAY v. SPEARS' EX'R et al. ^[1]

Court of Appeals of Kentucky.

September 24, 1901

Appeal from circuit court, Marion county.

"Not to be officially reported."

Action by the executor and heirs of G. C. Spears against Foster Ray to recover land. Judgment for plaintiffs, and defendant appeals. Reversed.

J. P Thompson and T. L. Edelen, for appellant.

G. C Avritt and Saml. Avritt, for appellees.

GUFFY J.

The appellees instituted this action in the Marion circuit court against appellant, seeking to recover a certain tract of land described in the petition, and rents therefor from February 1898. The claim of appellees, who are heirs of George C Spears, is based upon a deed from George C. and Ann Spears to G. H. Spears. Said deed reads as follows: "This indenture, made and entered into this 10th day of February 1859, between G. C. Spears and Ann Spears, his wife, of the county of Boyle and state of Kentucky, of the first part, and G. H. Spears, of the county of Marion and state of Kentucky, of the second part, witnesseth: That the parties of the first part have this day, for and in consideration of the sum of one dollar to me in hand paid,--the receipt is hereby acknowledged,--do bargain, sell, and convey to G. H. Spears, his heirs or assigns, all that tract or parcel of land known as the 'Oakland Tannery,' in the county of Marion, state of Kentucky, beginning at a white oak and sweet gum, southwest corner to the woods pasture; thence N., 7 3/4 E., 110 poles, to a stake; thence N., 21 1/2 W., 40 1/2 poles, to a post at the corner of the garden fence; thence N., 7 W., 14 3/4 poles, to a stake; thence N., 15 1/8 W., 60 poles, to a stake; thence N., 49 1/2 W., 88 poles, to a stake in Maxwell's line; thence south, 40 W., 27 poles, to a stake; thence S., 15 E., up the branch and crossing the same at about 50 poles, in all, 112 1/2, to a white oak; thence S., 22 1/2 W., to the beginning,--to have and to hold said land, with the appurtenances thereunto belonging, forever. I furthermore convey all my titles to all the chestnut oak bark I own or have any claims to on the lands of John P. Read as it now stands upon the trees on the following tracts, to wit, on the tract purchased of Margaret Wallace, and in the tracts purchased of Lewis I. Spalding, and in all the lands he holds by patents from the Kentucky land office in the tracts purchased of Swan and Vaughn and that purchased of James Kenly; but, if said Read should lose any of said lands by a better or older claim, then said Spears will have to loose the bark, without any recourse to any one whatever. In all the above-mentioned lands there is between 5,000 and 6,000 acres, but be it more or less. But in case said Harvey should die without any child or children, then said lands, or the proceeds thereof, will have to come back to said Geo. C. Spears or his heirs, as the case may be. The day and date first...