Eastern Kentucky Mineral & Timber Co. v. Swann-Day Lumber Co.

Opinion op the Court by

Judge Carroll —

Affirming.

In July, 1874, John D. Spencer and his wife signed and acknowledged the following paper — which for convenience we will call a deed — and it was duly recorded in the clerk’s office of Wolfe County:

“Know All Men hy These Presents:

“That John D. Spencer, of the County of Wolfe, and State of Kentucky, and Rebecca Spencer, wife of John D. Spencer, for and in consideration of one dollar, and other considerations hereinafter mentioned, to be paid by Henry C. Howard, W. E. McKinney, A. L. G-reer' and *84John W. Greer, the receipt of which is hereby…