Hardin's adm'r v. Taylor
Court of Appeals of Kentucky
CASE 122 — PETITION EQUITY — APPEAL FROM SIMPSON CIRCUIT COURT. 1. The proof tends to show the utmost good faith on the part of the guardian, and it is only where this is wanting that a ward can repudiate a settlement had with his former guardian. 2. The appellee, by his failure to return the bonds within a reasonable time after discovery of the alleged fraud, has forfeited his right to relief.
Read the full summary
CASE 122 — PETITION EQUITY — APPEAL FROM SIMPSON CIRCUIT COURT. 1. The proof tends to show the utmost good faith on the part of the guardian, and it is only where this is wanting that a ward can repudiate a settlement had with his former guardian. 2. The appellee, by his failure to return the bonds within a reasonable time after discovery of the alleged fraud, has forfeited his right to relief. (Waters v. Mattingly, I Bibb, 244; Robinson v. Gibbreth, &c., 4 Bibb, 183 ; Davis v. James’ ex’rs, 4 J. J. Mar., 9 ; Sewart v. Daugherty, 3 Dana, 480; Hoggins v. Becroft, &c., 1 Dana, 30; Buford v.…
1Opinion of the Court
JUDGE HINES
delivered the opinion of the court.
It is assigned for error that t'he court ovei'ruled exceptions to the deposition of appellee.
The petition was filed on the ioth day of December, 1877, ■and the answer of the decedent, H. R. Hardin, on March ■5th, 1878. On April 3d, 1878, .appellee gave his deposition, •■and on the 13th of April of that.year H. R. Hardin died. The pleadings were not made up until the August term, 1878. * ;
Subsection 2 of section 606 of the Civil Code pi'ovides, that ‘ ‘ no person shall testify for himself concerning any vei'bal statement of, or any transaction…
2Cited by13 opinions
- Flood v. PragoffCourt of Appeals of Kentucky · 1881
- Boyd v. GoreWisconsin Supreme Court · 1910
- Harpending's ex'rs v. DanielCourt of Appeals of Kentucky · 1882
- Cunningham's Administrator v. SpeagleCourt of Appeals of Kentucky · 1899
- Fielder v. HarbisonCourt of Appeals of Kentucky · 1892
8 more not listed; retrieve them via the Exa API.