Lindsey's v. Smith
Court of Appeals of Kentucky
CASH 16. — ACTION BY DOCK SMITH AGAINST -WILLIAM LINDSEY’S DEVISEE TO RECOVER AN INTEREST IN A LOT. Appeal from Owen Circuit Court. J. W. Cammack, Circuit Judge.
Read the full summary
CASH 16. — ACTION BY DOCK SMITH AGAINST -WILLIAM LINDSEY’S DEVISEE TO RECOVER AN INTEREST IN A LOT. Appeal from Owen Circuit Court. J. W. Cammack, Circuit Judge. Judgment for plaintiff, defendant appeals 1. Appellee was not the issue of a customary negro marriage, nor of parents who lived, and cohabited together as husband and wife to each other, but was an illegitimate child and could not and did not inherit from Alfred Smith, his alleged father. 2. In no event could appellee have inherited one-third, or more-than one-twelfth, of the parcel of land. For if he is capable of' inheriting from…
1Opinion of the Court
Opinion of the Court by
Chief Justice O’Rear
Affirming.
Appellee Dock Smith is a negro, horn of slave *179parents. His father’s name was Alfred Smith. His mother’s name was Ailsie. They were owned by different masters. They were married after the manner of slaves, and appellee is issue of that marriage. Ailsie died, and Alfred married again before the Emancipation Proclamation, and had other issue born, two children. After the War, he continued to live with his last wife, and until his death in the 70’s. In the meantime he had purchased a house and lot of ground near Owenton upon which he lived as a…
2Cases cited3 opinions
- Estill v. RogersCourt of Appeals of Kentucky · 1866
- Wheatly v. City of CovingtonCourt of Appeals of Kentucky · 1874
- Botts v. BottsCourt of Appeals of Kentucky · 1900
3Cited by7 opinions
- Watson v. HardinSupreme Court of Arkansas · 1910
- Lampton v. StaeblerCourt of Appeals of Kentucky (pre-1976) · 1934
- Cooper v. CommonwealthCourt of Appeals of Kentucky · 1964
- Williams v. WilliamsCourt of Appeals of Kentucky (pre-1976) · 1928
- Rankin v. DunnCourt of Appeals of Kentucky (pre-1976) · 1932
2 more not listed; retrieve them via the Exa API.