Upton's Committee v. Bush
Court of Appeals of Kentucky
CASE 16. — ACTIONS BY G. W. UPTON’S COMMITTEE AGAINST S. H. BUSH AND OTHERS AND AGAINST W. R. GADDIE AND OTHERS — Appeal from Hardin Circuit Court. Weed S. Chele, Circuit Judge. Judgment for defendants, plaintiff appeals.' QUESTIONS DISCUSSED. 1st. The responsibility of appellees to the estate of Geo. W. Upton. •2nd. The right of appellant to counterclaim. 3rd. The attack of appellees is á collateral attack. 4th. Presumption that Upton was present at the inquest. 5th.
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CASE 16. — ACTIONS BY G. W. UPTON’S COMMITTEE AGAINST S. H. BUSH AND OTHERS AND AGAINST W. R. GADDIE AND OTHERS — Appeal from Hardin Circuit Court. Weed S. Chele, Circuit Judge. Judgment for defendants, plaintiff appeals.' QUESTIONS DISCUSSED. 1st. The responsibility of appellees to the estate of Geo. W. Upton. •2nd. The right of appellant to counterclaim. 3rd. The attack of appellees is á collateral attack. 4th. Presumption that Upton was present at the inquest. 5th. And being present no notice was necessary. 6th. That appellees must ple^d he was not present and that a demurrer will not…
1Opinion of the Court
Opinion op the court by
Judge O’Rear
Reversing.
G-. W. Upton was found by tbe verdict and judgment of the Larue Circuit Court to be a person of unsound mind, and incompetent thereby to manage his affairs. A committee was appointed to take charge of his estate, an inheritance. In 1895 by proceedings had in the circuit court of Larue as well as the county court of Hardin (he having removed to the latter county) instituted by himself he was found by the verdict of the juries to be of a sound mind. It is not *105pretended that there was a substantial change in his condition at any time. He was not a…
2Cases cited5 opinions
- Taylor v. MooreCourt of Appeals of Kentucky · 1901
- Menifee v. EndsCourt of Appeals of Kentucky · 1895
- Nailor's Children v. NailorCourt of Appeals of Kentucky · 1836
- Hendricks v. SettleCourt of Appeals of Kentucky · 1899
- Staton v. BryantCourt of Appeals of Kentucky · 1883
3Cited by13 opinions
- Carbonneau v. Hoosier Engineering Co.Supreme Court of New Hampshire · 1950
- Sangster v. Toledo Manufacturing Co.Supreme Court of Georgia · 1942
- In Re Estate of BeghtelSupreme Court of Iowa · 1945
- Pope v. BolinSupreme Court of Alabama · 1932
- Sabin v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1930
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