Chadwell's Adm'r v. Chadwell
Court of Appeals of Kentucky
Case 102 — PETITION EQUITY — APPEAL FROM CLAY CIRCUIT COURT. 1. While it is true that sub.-sec. 7 of sec. 732 of the Civil Code requiring a signature by mark tq. have an attesting witness applies only to such writings as are. required to be executed according to its provisions. (Maupin, &c. v. Berkley, 3 Ky. Law Rep., 617; Vanover v. Murphy’s adm’r, 12 Ky. Law Rep., 733; Meazles &c. v. Martin, ass’nee, &c., 13 Ky.
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Case 102 — PETITION EQUITY — APPEAL FROM CLAY CIRCUIT COURT. 1. While it is true that sub.-sec. 7 of sec. 732 of the Civil Code requiring a signature by mark tq. have an attesting witness applies only to such writings as are. required to be executed according to its provisions. (Maupin, &c. v. Berkley, 3 Ky. Law Rep., 617; Vanover v. Murphy’s adm’r, 12 Ky. Law Rep., 733; Meazles &c. v. Martin, ass’nee, &c., 13 Ky. Law Rep., 958), yet it is only when the mark is proved to have been made that the signature is binding as a valid one. 2. As the claim was not asserted by pleading, no answer…
1Opinion of the Court
JUDGE GUFFY
delivered the opinion of the court.
This appeal is prosecuted by the appellant, David Chad-well, Jr., administrator of David Chadweil, Sr., from a judgment of the Clay Circuit Court, rendered against him in favor of the appellee, Alexander Chadweil, Jr.
*645It appears from tbe record that appellant had brought suit for the settlement of the estate of his father, David Chadwell, Sr., and that appellee had filed with the commissioner, to whom the suit had been referred to audit and report debts, etc., a paper, purporting to be a note executed to Alexander Chadwell, Sr., by the decedent for…
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- Dawson v. WomblesMissouri Court of Appeals · 1904
- Clark v. ClarkCourt of Appeals of Kentucky · 1906