Saylor v. Hilton

• Decision Date: 14 January 1921
• Citation: 190 Ky. 200,226 S.W. 1067
• Parties: SAYLOR v. HILTON.
• Court: Kentucky Court of Appeals

226 S.W. 1067

190 Ky. 200

SAYLOR v. HILTON.

Court of Appeals of Kentucky.

January 14, 1921

Appeal from Circuit Court, Garrard County.

L. L Walker and R. H. Tomlinson, both of Lancaster, for appellant.

J. E Robinson, of Lancaster, for appellee.

HURT C.J.

J. I Hilton was the owner of a tract of land, containing about 180 acres in Garrard county, when he died. The appellee, Nancy Hilton, his widow surviving him. He left no children surviving him, but he left surviving him certain brothers and sisters, and had other brothers and sisters who were dead and who left children surviving them. The appellant, Granville Saylor, became the owner, by purchase, of the interests of several of these collateral heirs in the tract of land. He claims by his pleadings to be the owner of 23/24 of the entire tract of land, and 1/48 of the remainder of the land subject to the dower right of Nancy Hilton. She claims by her pleadings to be the owner of an undivided one-half of the land in fee, and dower in the other undivided one-half, and that she is entitled to the occupancy and use of the mansion and curtilage, until the assignment of dower to her. Certain of the heirs of J. I. Hilton, or rather their assigns, have intervened in the action, and asserted title to certain interests in the property. While the action was in this condition, upon motion of the appellee, Nancy Hilton, the court entered an order, directing its master commissioner to take custody and possession of the property as a receiver, and requiring the claimants to deliver the possession to him, and directing him to let the property to rent for the year 1920. To this order the appellant objected, and, his objection being overruled, excepted. He has appealed from the order to this court.

Section 298 of the Civil Code provides as follows:

"On the motion of any party to an action who shows that he has, or probably has, a right to, a lien upon, or an interest in, any property or fund, the right to which is involved in the action, and that the property or fund is in danger of being lost, removed or materially injured, the court, or the judge thereof during vacation, may appoint a receiver to take charge of the property or fund during the pendency of the action, and may order and coerce the delivery of it to him. * * *"

It is admitted by the appellant that the appellee has a dower in an undivided one-half of the land, but he denies that she has any other interests in it. She claims the ownership of one-half of the land in fee, and a right of dower in the other undivided one-half. Hence there could be no doubt of her having an interest in the land, the right to which is involved in the action, and probably has a right to more of the land than is admitted by the appellant. It is also apparent that the appellant is the owner in fee of nearly one-half of the land, and probably is the owner of all of it subject to ...