Legal Opinion

Smick's Admr. v. Beswick's Admr.

Court of Appeals of Kentucky

Decided May 21, 1902PublishedCited by 21 opinions

Case 57 — Action of Besvvick’s Admb. against Smick’s Admb. to Enforce an Alleged Trust. APPEAL FROM BOYLE CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals.

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Case 57 — Action of Besvvick’s Admb. against Smick’s Admb. to Enforce an Alleged Trust. APPEAL FROM BOYLE CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. On July 6, 1869, appellee’s intestate, Elizabeth Beswiek, conveyed one hundred acres of land in Washington county, Kentucky, to appellant’s intestate, Isaac Smick, in consideration of $1,000, paid by Smick to Beswiek, by deed duly signed, acknowledged and recorded September -15, 1869, in Washington county court clerk’s office. Appellee claims, not by any pleading but by affidavit and deposition, that at the time and before the…

1Opinion of the Court

Opinion op the court by

JUDGE BURNAM

-Reversing.

On tlie 24th of February, 18G4-, Joseph McCloskey and wife conveyed to Elizabeth Beswick a tract of 100 acres ■of land in Washington county in consideration of $1,000, the receipt of which was acknowledged in the deed. On the 6th of July, 1869, Elizabeth Beswick conveyed the same tract of land by general warrant}’ deed to her brother, Isaac Smick, for the recited consideration of $1,000, paid to her by her brother. The deed was written by O. Torlmne, an attorney at law, in the presence of the grantor and grantee and Phoebe Smick and Phoebe and…

2Cases cited4 opinions

  1. Helm's Ex'r v. RogersCourt of Appeals of Kentucky · 1884
  2. Armstrong v. ArmstrongCourt of Appeals of Kentucky · 1853
  3. Bettis v. AllenCourt of Appeals of Kentucky · 1873
  4. Harrod's Heirs v. FountleroyCourt of Appeals of Kentucky · 1830

3Cited by21 opinions

  1. Doty's Adm'r v. Doty's GuardianCourt of Appeals of Kentucky · 1904
  2. Standard Fire Insurance v. SmithhartCourt of Appeals of Kentucky · 1919
  3. Swingley v. DanielsWashington Supreme Court · 1923
  4. Kamm v. NormandOregon Supreme Court · 1907
  5. Poka v. HoliHawaii Supreme Court · 1960

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