Schonbachler's Adm'r v. Mischell
Court of Appeals of Kentucky
Case 63. — ACTION BY MARY B. SCHONBACHLER’S ADMINISTRATOR AGAINST GEORGE MISCHELL AND OTHERS FOR MONEY AND RENT. Appeal from Daviess Circuit Court. T. F. Btrkhead, Circuit Judge. Judgment for defendants. Plaintiff appeals. CLASSIFICATION OF QUESTIONS DISCUSSED.
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Case 63. — ACTION BY MARY B. SCHONBACHLER’S ADMINISTRATOR AGAINST GEORGE MISCHELL AND OTHERS FOR MONEY AND RENT. Appeal from Daviess Circuit Court. T. F. Btrkhead, Circuit Judge. Judgment for defendants. Plaintiff appeals. CLASSIFICATION OF QUESTIONS DISCUSSED. This case should' be reversed— 1. Because the averments in the amended petition filed February 12, 1904, “that plaintiff’s intestate left debts and no property to pay same, and any gift to the defendants by her was void,” were issuable facts, and were improperly stricken out. (1 Dana, 365, gift fraudulent.) 2. Because the defendants…
1Opinion of the Court
Opinion by
Judge Settle
Affirming.
Mary B. Schonbachler died in Daviess county intestate. By an order of the Daviess County Court the appellant, J. A. Turner, was appointed and duly qualified as administrator of her estate. Thereafter he instituted this action in the circuit court to recover of the appellees, George Mischell 'and Mary Froelich, rent and other moneys alleged to have been left in their possession by the decedent at the time of her death. The petition as amended charged appellees with having conspired together to defraud and obtain the money of the decedent; that they did by such…
2Cases cited1 opinion
- Dovey v. LamCourt of Appeals of Kentucky · 1903
3Cited by12 opinions
- Benge's Administrator v. FoutsCourt of Appeals of Kentucky · 1915
- Dunbar v. MeadowsCourt of Appeals of Kentucky · 1915
- Brown's Administrator v. WilsonCourt of Appeals of Kentucky (pre-1976) · 1927
- Benge's Administrator v. FoutsCourt of Appeals of Kentucky · 1917
- Poteet v. ImbodenWest Virginia Supreme Court · 1916
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