Smith v. Commonwealth Land & Lumber Co.

Opinion op the Court by

Judge Clarke

Affirming upon the original and reversing upon cross-appeal.

This is the second appeal of this case, and the opinion on the former appeal will he found in 162 Ky. 140, in which is given a statement of the facts with reference to the forfeiture judgment and sale of appellees’ land that this action seeks to avoid. Upon a return of the case, the following additional facts were developed.

*608The Commonwealth Land & Lumber Company was incorporated in Jefferson county, Kentucky, November 1st, 1886, and the period of its corporate existence, fixed in the articles of…