Clark v. Clark
Court of Appeals of Kentucky
CASE 17. — ACTION BY REUBEN CLARK AGAINST DIXIE LEE CLARK AND OTHERS ON A NOTE; — February 27. Appeal from Floyd Circuit Court.. A. J. Kirk, Circuit Judge.
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CASE 17. — ACTION BY REUBEN CLARK AGAINST DIXIE LEE CLARK AND OTHERS ON A NOTE; — February 27. Appeal from Floyd Circuit Court.. A. J. Kirk, Circuit Judge. Judgment for defendants, plaintiff appeals. 1. The requirement of sub-section 7, of section 7?,2 of the Civil Code that a signature by mark must be attested by a witness, who can write his name, applies only to such written instruments as are provided for in the Code. 2. When a plea of non est factum to a note, signed by mark, is interposed, the party claiming the note assumes the burden of proving its execution. We think it is clearly…
1Opinion of the Court
OPINION by
Judge Barker
— Affirming.
The one question in this record is whether or not *147the appellant, Eeuben Clark, was entitled to enforce the promissory note for $500 which he sued on in this action. The writing is as follows:
“Twelve months after date I promise to pay Eeuben Clark the sum- of five hundred dollars, for value received of him with interest from date. This October 11th, 1900.
his
“Calvin X Clark.”
mark
“If this note is not paid within the time mentioned above, he is to have my Buffalo land. This'land is known as my land off of the old home farm of my father’s land I bought at…
2Cases cited4 opinions
- Rogers v. WiggsCourt of Appeals of Kentucky · 1851
- Galbraith v. StarksCourt of Appeals of Kentucky · 1904
- Proctor v. Proctor's Admr.Court of Appeals of Kentucky · 1904
- Chadwell's Adm'r v. ChadwellCourt of Appeals of Kentucky · 1896
3Cited by2 opinions
- Cross v. AmorettiWyoming Supreme Court · 1932
- Combs v. ToddCourt of Appeals of Kentucky · 1953