Tate v. Woodyard
| Decision Date | 29 November 1911 |
| Citation | 145 Ky. 613,140 S.W. 1044 |
| Parties | TATE et al. v. WOODYARD. |
| Court | Kentucky Court of Appeals |
Appeal from Circuit Court, Rockcastle County.
Action by John E. Woodyard against James W. Tate and others. Judgment for plaintiff, and defendants appeal. Affirmed.
C. C Williams, for appellants.
L. W Bethurum, John W. Brown, and J. W. Alcorn, for appellee.
By deed dated April 6, 1877, the appellee, John E. Woodyard, conveyed to "James G. Carter, master of Broadhead Lodge No. 566 of Free and Accepted Masons, and to his successors in office," a tract of 1.75 acres of land in the town of Broadhead for the "purpose of a lodgeroom and Baptist Church and a graveyard." The deed recited a consideration of $1, but the transaction was, in fact, a gift. The gift was accepted by the lodge, and a building was erected on the lot; the first story being used as a church or meeting house of the Baptist Church, and the upper story as a lodgeroom. Shortly thereafter a graveyard was established near by, and has ever since been maintained on the lot. On June 18, 1907, John Robbins, the then master of the lodge for a consideration of $100, sold and conveyed a portion of the lot to Granville Owens, in fee simple; and Owens, in turn, conveyed what he had bought to the appellant Tate, in fee simple. Tate entered into possession of the lot, and was preparing to erect a building on it, when Woodyard brought this action, seeking (1) to have it adjudged that the property claimed by Tate had reverted to Woodyard, and that the deed from Robbins to Owens, and the sale from Owens to Tate, be canceled, and set aside; and (2) if that could not be done, that it be adjudged that neither Owens nor Tate had any right, title, or interest in said parcel of land. He also prayed that Tate be enjoined and restrained from claiming or exercising any act of ownership over any of said land. The circuit judge granted the second prayer of the petition, and adjudged that the deed from Robbins to Owens was and is null and void, that the attempted sale by Owens to Tate was null and void, and that neither Owens nor Tate acquired any right title, or interest in the land thereunder. The judgment went further, and canceled the deed from Robbins to Owens, and enjoined both Owens and Tate from occupying or exercising any act of ownership over any part of said parcel of land. The effect of the judgment was to uphold the trust. From that judgment Tate, Owens, and the lodge prosecute this appeal.
The deed from Woodyard certainly created a valid trust for charitable...
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Dickey v. Volker
...Little, 75 Ill. App. 402; Chambers v. Baptist Educational Soc., 40 Ky. 215; Baptist Church v. Presbyterian Church, 57 Ky. 635; Tate v. Woodyard, 140 S.W. 1044; Von Hoven v. Immanuel Pres. Church, 108 La. 274; Parker v. May, 59 Mass. 336; Jackson v. Phillips, 96 Mass. 539; State ex rel. v. C......
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Dickey v. Volker
...the right to maintain a suit. The plaintiffs had a special interest. The cases of Garrison v. Little, 75 Ill.App. 402; Tate v. Woodyard, 140 S.W. 1044 (Ky.) 1911; Hoven v. Church, 108 La. 274; and Clements v. Hyde, 50 Vt. 716, are also cited by appellant. The Garrison case is a suit by a tr......
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Greenway v. Irvine's Trustee
...of the court." Under the last quoted paragraph the author has given only two supporting cases, one of them our own case of Tate v. Woodyard, 145 Ky. 613, 140 S.W. 1044, which is annotated under the clause "or to set aside a wrongful In that case it appears that Woodyard had conveyed a certa......
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People's Saving Bank & Trust Co. v. Board of Trustees of South Side Baptist Church of Covington
...that the donor or grantor may enforce, and the title cannot be otherwise conveyed. Littell v. Wallace, 80 Ky. 252; Tate v. Woodyard, 145 Ky. 613, 140 S.W. 1044. the property was purchased and paid for by the church, and the title was conveyed to the trustees for the use and benefit of the m......