Smith v. Noble

Opinion of the Court by

Judge Thomas

Reversing.

The appellees are the heirs of James W. Noble, who died intestate on January 1, 1900. On February 16, 1897, little less than three years before his death, he executed an absolute deed to Hargis Brothers, a mercantile firm of Jackson, Kentucky, for about ten acres of land, which is the subject matter of this suit, and which lies in Breathitt county. The deed also conveyed other tracts of land upon which, including the tract here ■involved, there was a mortgage in favor of Thomas Watts for $125.00, and $1400 due on a town lot which was included in…