Lyon v. Whitsell

CLAY, Commissioner.

Appellants seek to recover attorneys’ fees paid by them while prosecuting a suit to recover land from the principal appellee, Whitsell. Appellants were successful in the former litigation, reported as Whitsell v. Porter, 309 Ky. 247, 217 S.W.2d 311. The lower Court sustained a general demurrer to their petition.

The basis of this action is that appellees were trustees who fraudulently sought to deprive appellants, the beneficiaries, of their property. In successfully asserting their rights, appellants were forced into extensive litigation and were required to pay substantial…