Maxey v. Payton

Opinion op the Court by

Judge Dietzman

Affirming.

This case is an aftermath of that of Payton et al. v. Norris et al., reported in 240 Ky. 555, 42 S. W. (2d) 723. In the Norris Case, it appeared that G. H. Maxey, a man of color, had conveyed a certain tract of land in Hart county, containing about 26 acres, to W. E. Pay-ton by a deed dated April 1, 1930, but not recorded by Payton until September 29th of that year. Maxey had in July, 1930, executed to II. F. Norris an oil lease on this land for the consideration of $1, cash in hand paid, together with the usual covenants in an oil lease to…