Fortney v. Mahan

CAMMACK, Judge.

This action was initiated originally by John Mahan, administrator of the estate of A. J. Elliott, seeking settlement of nine estates and a judgment ordering sale of lands owned by Henry Elliott and his wife, parents of A. J. Elliott. G. S. Fortney intervened, and asserted title to some of the land involved. Unsuccessful in proving his claim on the trial, Fortney attempted on the appeal to supplement the record by filing six deeds which had not been introduced in evidence during the trial. We held in Fortney v. Elliott’s Administrator, Ky., 273 S.W.2d 51, that additions could…