Bell v. Henshaw's Ex'rs
Court of Appeals of Kentucky
Case 80 — PETITION EQUITY — appeal prom union circuit court. 1. In the absence of any allegation of fraud or mistake it was not competent to show, by parol evidence, that the note was not to bear interest. All debts due at a fixed date bear interest as matter of law in this State, even if they exist only by oral agreement.
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Case 80 — PETITION EQUITY — appeal prom union circuit court. 1. In the absence of any allegation of fraud or mistake it was not competent to show, by parol evidence, that the note was not to bear interest. All debts due at a fixed date bear interest as matter of law in this State, even if they exist only by oral agreement. (Henderson Cotton Manufacturing Co. v. Lowell Machine Shops, 86 Ky., 676.) 2. The decisions authorize such a proceeding as this (18 B. M., 582; Henshaw v. Hooper, 2 Bush, 286), and the petition in this case complies with the rule which requires the pleader to point out…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of toe court.
By virtue of tlie provisions of the act of May 5, *4321880, appeals are allowed from settlements made by fiduciaries in the county court to the circuit court, and while a settlement made is only prima facie evidence of its correctness, this is only so when the parties in interest fail to appear and contest the validity of the settlement, or some part of it, made by the fiduciary. In this case it appears that the devisees of Henshaw were in court, and filed exceptions to the report of the fiduciary, or the settlement made by him. The exceptions…
2Cited by11 opinions
- Caplinger v. PritchardCourt of Appeals of Kentucky · 1910
- Davis v. CommonwealthCourt of Appeals of Kentucky · 1908
- Harper v. LambCourt of Appeals of Kentucky · 1924
- Little v. StrowCourt of Appeals of Kentucky · 1902
- Commonwealth, for Use, Etc. v. Clark, SheriffCourt of Appeals of Kentucky (pre-1976) · 1926
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