Dixie Fire Insurance v. Wallace

Opinion of the Court by

Judge Miller

Reversing.

Prior to 1907 the appellee T. Q. Wallace owned, with other property, a one-story house on the south side of the Louisville & Atlantic Railroad in Evans’ Addition to the City of Irvine, in Estill County. Wallace also owned a cottage on the north side of the railroad, and not far from the cottage above described. The cottage on the north side of the railroad was occupied by Wallace’s tenant.

In August, 1907, Wallace sold the cottage on the south side of the railroad to Collins, whose deed was recorded. In December, 1908, Wallace applied to Smith, the…