Halcomb v. Howard

Opinion of the Court by

Judge Richardson

— Reversing.

This is the third appeal of this case. Halcomb v. Creech et al., 247 Ky. 199, 56 S. W. (2d) 998, 999, and Halcomb v. Creech et al., 255 Ky. 262, 73 S. W. (2d) 21, 23.

For a statement of the facts concerning the transaction here involved, antedating the present appeal, the reader is referred to our opinions in the above cases.

In our first opinion we said:

“We can discover no obstacle in the way of the court treating her [Morniam Halcomb’s] independent petition as a motion made in action 109 during the same term of court at which the complained…