Smith v. Wells' adm'x
Court of Appeals of Kentucky
CASE 23 — MOTION APPEAL FROM SHELBY CIRCUIT COURT. CITED— Civil Code, secs. 481,479. 3 Metcalfe, 347; Terrell, fyc., vs. Cecil. 4 Metcalfe, 257 ; Thompson vs. Healey. 18 B. Mon., 622; Todd vs. Caines. 2 Stanton's Revised Statutes, 99, 100. 1 Littell, 27; Bonta vs. Clay. 1 J. J. Mar., 503; White’s ex’rs vs. Guthrie. 2 Metcalfe, 43 ; Williams vs. Woods, Spc.
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CASE 23 — MOTION APPEAL FROM SHELBY CIRCUIT COURT. CITED— Civil Code, secs. 481,479. 3 Metcalfe, 347; Terrell, fyc., vs. Cecil. 4 Metcalfe, 257 ; Thompson vs. Healey. 18 B. Mon., 622; Todd vs. Caines. 2 Stanton's Revised Statutes, 99, 100. 1 Littell, 27; Bonta vs. Clay. 1 J. J. Mar., 503; White’s ex’rs vs. Guthrie. 2 Metcalfe, 43 ; Williams vs. Woods, Spc. Revised Statutes, sec. 6, chap. 22. Story’s Equity, sec. 1226. CITED— Civil Code, secs. 481, 716, 489, 713. 18 -B. Mon., 663 ; Watson vs. Gabby. 3 J. J. Mar., 163; Ducker vs. Gray. 3 J. J. Mar., 557-8; Clark vs. Hunt. 3 B. Mon., 50; Burk,…
1Opinion of the Court
JUDGE HARDIN
delivered the opinion op the court:
On the 30th day of January, 1866, W. W. Smith and V. M. Smith, his wife, as principals, and T. M- Smith and Reuben B. Smith, as their sureties, executed their covenant to James F. Middleton, stipulating that they would pay said Middleton six hundred dollars on the 25th of December, 1866, for the rent of a farm for a term ending at that time.
Afterwards, and while 'W. W. Smith and wife occupied the leased premises as tenants of Middleton, two executions were issued against W. W. Smith, one of them in favor of Marion Duvall, and assigned to Sarah W.…
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