Stevens v. Smith
Court of Appeals of Kentucky
CASE 99 — ACTION BY J. SOL SMITH AND OTHERS AGAINST MOLLIE STEVENS AND OTHERS TO RECOVER LAND. Appeal from Payette Circuit Court. Watts Parker, Circuit Judge. Judgment for plaintiffs. Defendant Stevens appeals. POINTS DISCUSSED AND AUTHORITIES CITED. 1. Did the deed of W¡ B. Smith and others to Geo. W. Smith in 1882, create a trust in favor of the children of Geo.
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CASE 99 — ACTION BY J. SOL SMITH AND OTHERS AGAINST MOLLIE STEVENS AND OTHERS TO RECOVER LAND. Appeal from Payette Circuit Court. Watts Parker, Circuit Judge. Judgment for plaintiffs. Defendant Stevens appeals. POINTS DISCUSSED AND AUTHORITIES CITED. 1. Did the deed of W¡ B. Smith and others to Geo. W. Smith in 1882, create a trust in favor of the children of Geo. W. Smith, which could not be revoked by the parties to that deed? (a) The authorities in support of this proposition are clear, forceful and uniform. (Mellen v. Whipple, 1 Gray (Mass.) 317; Davis v. Calloway, 30 Ind., 112; Kelly v.…
1Opinion of the Court
Opinion op the Court bt
Judge Hobson—
Reversing.
On November 13, 1882, tbe brothers and sisters of George W. Smith conveyed to him a tract of land in Payette county, in consideration of a settlement among tbe heirs of Solomon Smith and of $3,000 to be paid without interest by Geo. W. Smith to W. B. Smith, one of the grantors. The deed contains, among other things, these words: ‘ ‘ This deed is made to said George W. Smith by the parties of the first part with the understanding and agreement thereof, the said George W. Smith has the right to sell the land provided the money is reinvested in other…
2Cases cited2 opinions
- Commonwealth v. LeakCourt of Appeals of Kentucky · 1903
- Grotenkemper v. BrysonCourt of Appeals of Kentucky · 1881
3Cited by2 opinions
- Henriott v. CoodCourt of Appeals of Kentucky · 1913
- Gullett v. BaileyCourt of Appeals of Kentucky (pre-1976) · 1931