Ezzell v. Exall

Opinion of the Court by

Judge Clay

Reversing.

This is an action under the Declaratory Judgment Act. It appears from the petition that on January 23, 1925, J. K. Exall entered into a written contract with W. E. Ezzell by which he agreed for a certain consideration to convey to Ezzell nineteen-twentieths of a- 10-aore tract - of land lying in McCracken county. It further appears that the title to the other twentieth is> in Dorothy Cushman, or her heirs; that Dorothy Cushman was born *616in the year 1905 and moved away from Kentucky in 1911; that if alive her whereabouts are unknown, and, if dead, her…