Legal Opinion

Blake v. Wolfe

Court of Appeals of Kentucky

Decided January 20, 1899PublishedCited by 8 opinions

Case 48 — EQUITY 1. The statute begins to run against each ward as he attains majority. Murrell’s Admr. v. McAllister, 79 Ky., 311'. There was no new promise to take the case out ot the statute and if there had been it must have been a written one. Gilmore v. Green, 14 Bush, 792. 2. There is nothing to take the case out of the statute of limitations nor can the statute be construed otherwise than literally.

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Case 48 — EQUITY 1. The statute begins to run against each ward as he attains majority. Murrell’s Admr. v. McAllister, 79 Ky., 311'. There was no new promise to take the case out ot the statute and if there had been it must have been a written one. Gilmore v. Green, 14 Bush, 792. 2. There is nothing to take the case out of the statute of limitations nor can the statute be construed otherwise than literally. McDonald’s Exr. v. Underhill, Exr., 10 Bush, 584; Hargis, &c., v. Sewell’s Heirs, 87 Ky., 63; Robinson's Com. v. Elam’s Exr., 90 Ky., 300; Bigstaff, Trustee, v. Lumkins, &c., 13 Ky. Law…

1Opinion of the Court

JUDGE HOBSON

delivered the opinion of the court.

On January 9, 1871, appellant William Blake qualified in the Owsley county court as the guardian of his three infant stepchildren, Gideon, Riley, and Margaret J. Wolfe, the children of Emanuel Wolfe, who had died in the United States army. As the guardian of these children, appellant drew from the United States government a pension amounting to $1,552, the first money, being drawn on the 13th of May, 1872, and the last on the same date in 1878. Riley Wolfe became of age on June 15, 1877; Gideon *on December 15, 1879; and Margaret, on April 29,…

2Cases cited3 opinions

  1. Robinson's Committee v. Elam's Ex'rCourt of Appeals of Kentucky · 1890
  2. Dorsey v. PhillipsCourt of Appeals of Kentucky · 1886
  3. King v. GrahamCourt of Appeals of Kentucky · 1886

3Cited by8 opinions

  1. Culton v. AsherCourt of Appeals of Kentucky · 1912
  2. Weakley v. MeriwetherCourt of Appeals of Kentucky · 1913
  3. Poynter v. SmithCourt of Appeals of Kentucky (pre-1976) · 1942
  4. Wren's Exr. v. Wren's Extx.Court of Appeals of Kentucky · 1907
  5. Boyd's Exor v. Laurel CountyCourt of Appeals of Kentucky · 1910

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