Smith v. Fourth Street Bank

Opinion of the Court by

Judge Miller

Reversing.

The appellants, Caleb Smith and Mary E. Smith, are husband and wife.

About 1895, Mary E. Smith and her brothers and sisters inherited the Hunter tract of land in Daviess county, from their father, Mrs. Smith inheriting a one-fifth interest therein. Shortly thereafter, Caleb Smith bought the interests of the other four heirs, and he with his wife and family resided on the Hunter tract until about 1909, when Smith and his wife sold it for $2,250.00. They then removed to Owensboro and bought what is known in the record as the Triplett street property,…