Daugherty v. Rouse

Opinion op the Court by

Judge Cammack

— Affirming.

The purchaser at a partition sale is appealing from the judgment ordering the sale on the ground that it was error to declare Charles M. Rogers, Jr., to he dead and his brother, Elmer F. Rogers, to he his only heir. Reversal is urged upon the grounds that (1) the departed was never a resident of Kentucky, and therefore our presumption of death statute (KRS 422.130) does not apply; and (2) under the common law rule one can not he declared dead in the absence of a showing of a diligent and fruitless search for him.

Charles M. Rogers, Jr., who, if…