Nolty v. Fultz

Opinion of the Court by

Judge Perry

Affirming.

This is the second appeal of this case, prosecuted from a judgment of the Carter circuit court rendered against the administrator of Wm. Nolty, Sr., upon a retrial of an action brought by him against the appellee to recover property alleged belonging to the intestate’s estate and in which it was further alleged that the appellee had fraudulently converted and was wrongfully using and withholding its possession from the administrator.

The factual situation, pleadings and issues based thereon, which are in the main the same as here, will be found…