Fidelity & Columbia Trust Co. v. Lyons

Opinion op the Court by

Van Sant, Commissioner

—Affirming.

On the first appeal, Lyons et al. v. Moise’s Ex’r, 298 Ky. 858, 183 S. W. 2d 493, we held Lyons’ claim against Moise’s executor, a part of which is in dispute on this appeal, was not barred by the five-year Statute of Limitations, KRS 413.120, because it arose out of a written contract, the pertinent part of which is copied in the above styled opinion. The facts concerning the transaction between appellant’s decedent and appellee also are stated in that opinion, for which reason we will not iterate them herein.

Appellant now admits the…