Herrman v. Whitescarver's Adm'r
Court of Appeals of Kentucky
Case 94 — PETITION OEDINAEY APPEAL PROM DAVEISS CIRCUIT COURT. 1. The appellant’s title and possession were rightful and legal, under the terms of the contract of December 10, 1886, when appellee took possession of the logs at Glenn’s bridge, and the possession was rightfully resumed by appellant, under the order of delivery in this action. The contract conferred upon appellant the right to take and hold the logs, in case of Whitescarver’s death.
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Case 94 — PETITION OEDINAEY APPEAL PROM DAVEISS CIRCUIT COURT. 1. The appellant’s title and possession were rightful and legal, under the terms of the contract of December 10, 1886, when appellee took possession of the logs at Glenn’s bridge, and the possession was rightfully resumed by appellant, under the order of delivery in this action. The contract conferred upon appellant the right to take and hold the logs, in case of Whitescarver’s death. This was not an “incipient” right or lien, as in the case of Cook’s Adm’r v. Brannin. &c., 9 Ky. Law Bep., 957; but was a complete contract right.…
1Opinion of the CourtChief Justice Lewis
This action was brought by appellant to recover of appellee, administrator of the estate of J. F. Whites-carver, possession of a raft of saw-logs.
It appears from finding of facts by the court, trial by jury having been waived, that December 2, 1886, Whitescarver purchased of A. Settle certain standing Umber, to be cut, measured and paid for before removal from the land; and December 10, 1886, Whitescarver entered into a written contract with appellant, in substance as follows: That J. F. Whitescarver * has sold to H. Herrman the poplar, ash, gum and walnut Umber on the land of A. Settle, *…
2Cases cited2 opinions
- Brooks, Waterfield & Co. v. Staton's adm'rCourt of Appeals of Kentucky · 1880
- Cook's Administrator v. BranninCourt of Appeals of Kentucky · 1888
3Cited by2 opinions
- Fugate v. WalkerCourt of Appeals of Kentucky · 1924
- Star Drilling Machine Co. v. McLeodCourt of Appeals of Kentucky · 1906