Smith v. Ash

CULLEN, Commissioner.

John Ash, Merit Ash and Katie Ash Smith, brothers and sister, each own an undivided one-third interest in a 90-acre island in the Ohio River, in Jefferson County, known as Six Mile Island. On April 5, 1965, Merit and Katie executed a 30-year *52lease of the island to Charles E. Smith and William L. Marsh. John did not sign the lease and the lease did not name him as a lessor. In March 1968 Smith, who in the meantime had bought Marsh’s interest, brought this action against John, Merit and Katie seeking a declaration that the lease was valid and enforcible. Various defenses…