Moore v. Brookins

Opinion op the Court by

Judge Fulton

— Dismissing in part and affirming in part.

This is the third appearance of this case before us on appeal. The opinion on the first appeal may be found in 263 Ky. 519, 92 S. W. (2d) 813, and the second opinion is reported in 277 Ky. 668, 126 S. W. (2d) 1059. However, this appeal involves matters arising subsequent to the filing of the mandate on the second appeal. Subsequent to the filing of that mandate an agreed judgment was entered, fixing the amount due Brookins on his note and directing a sale of the decedent’s land for the payment of his and other…