Bryant v. Stephens

Opinion op the Court by

Judge Perry

— Reversing.

This is the second time this case has come before us on appeal, and the record herein is the same as was considered by us in Bryant’s Trustee v. Stephens et al., 265 Ky. 615, 97 S. W. (2d) 553, 560.

The facts and pleadings in the above case and the ruling of the trial court thereon, of which complaint is here made as improper, are as follows:

Closely following the Civil War, James M. Bryant and John S. Van Winkle became the owners of some 120,000 acres of land situated in Whitley, Montgomery, and other counties of Kentucky and Scott and Campbell…