Wilson v. Suggett's Ex'rs

• Decision Date: 19 January 1889
• Citation: 10 S.W. 382
• Parties: Wilson et al. v. Suggett's Ex'rs et al.
• Court: Kentucky Court of Appeals

10 S.W. 382

Wilson et al. v. Suggett's Ex'rs et al.

Court of Appeals of Kentucky.

January 19, 1889

Appeal from circuit court, Henderson county; JOHN T. BUNCH, Special Judge.

M. L Wilson instituted this action against the executors and the devisees of A. E. Suggett, on a promissory note executed by A. E. Suggett to J. B. Griffin, and assigned by the latter to plaintiff. Plaintiff alleged that said note was executed by Mrs. Suggett to pay for certain land purchased by her of Griffin, and plaintiff sought a judgment against the executors of Mrs. Suggett, and a sale of said land to satisfy same. Defendants denied that Griffin had owned said land, or was able to convey same, and made him a party to the action and asked that the note be canceled, and that their title to said land be quieted. Judgment was rendered canceling the note, and quieting the title of Mrs. Suggett's devisees to said land, from which judgment both Wilson and Griffin appeal.

Thos. E. Ward, for appellants.

HOLT J.

This record presents a confused state of case; so much so that it is difficult, if not impossible, to arrive at a conclusion altogether satisfactory as to the rights of the parties. The appellant J. B. Griffin held as trustee for Daniel E. Brown the title to a tract of land. The latter at his death left four children, to-wit, Almira E. Suggett, James D. Brown, and Eliza and Judith Sheets. It does not appear whether the father had an absolute right to the land, or only a life-estate, nor clearly whether, if but the latter, the land at his death was to pass equally to his children, or to the three daughters only. In any event, prior to his death, in 1857, the son, in 1853, conveyed whatever interest he had, if any, to his sisters, Judith and Eliza Sheets; and Mrs Suggett, by the same deed, conveyed her interest to L. W. Brown. Judith Sheets died leaving two children, one of whom died leaving the other as the sole heir to this interest. Eliza Sheets died leaving seven children entitled to her interest; James and George Sheets being two of them. In 1858, L. W. Brown, who either claimed to own by purchase the entire land, or else all of the interests save those of James and George Sheets, executed to the appellant Griffin a title-bond for the land. Thereafter, but during the same year, the latter, as he testifies, purchased the interests of James and George Sheets direct from them. A title-bond to Griffin purporting to be signed by James, and the testimony tends to show he executed it, is on file in this action; but no title-paper whatever was given by George Sheets to Griffin, and there is no written evidence or competent verbal testimony showing that L. W. Brown had acquired any right in the land by purchase outside of the deed of 1853 from Mrs. Suggett. On the 10th day of January, 1863, the latter purchased the land from the appellant Griffin, and for the purchase money executed her note to him for $600, payable March 1, 1864. It was assigned to the appellant M. L. Wilson in December, 1864; $200 having been paid upon it in March prior thereto. The appellants claim that a title-bond was executed by Griffin, but it is not filed, nor is it shown by...