143 Ky. 361 | Ky. Ct. App. | 1911
OPINION OF THE COURT BY
Affirming.
On July 23, 1903, Jefferson Taylor executed a deed by which he conveyed to Samuel Bennett and F. D. Sampson all the mineral lying under a tract of land owned by him; on September 1,1903, his sister, Susan Messer, executed to them a similar deed. These deeds were duly put to record. On January 7, 1907, Jefferson Taylor executed two deeds to Charles Butler and Matt Mills and wife, who, on March 6, 1906, conveyed the property to A. J. Asher. On December 3, 1908, Susan Messer executed two deeds to A. J. Asher. These deeds covered the same property which Jefferson Taylor and Susan Messer had previously conveyed to Bennett and Sampson. Asher brought this suit against them to quiet his title to the property, on the ground that Jefferson Taylor and Susan Messer were not of age when the deeds to them were executed in July, 1903 and that the ti$le to the property had passed to him under the deeds executed by them in 1907 and 1908, after they had become of age. Issue was joined upon the petition. On final hearing the circuit court dismissed Asher’s petition, and he appeals.
The circuit court found as a fact that both Jefferson Taylor and Susan Messer were of age in July, 1903, when they executed the first deeds. He also found under the evidence that Bennett and Sampson had bought the prop
In Schmitheimer and Wife v. Eiseman, 70 Ky., 298; Damron v. Commonwealth, 110 Ky., 268; Ingram v. Ison, 26 R., 48; Pace v. Cawood, 100 S. W., 414, Asher v. Sack
Here there was nothing in the appearance of Jefferson Taylor or his sister to suggest that they were not of age.' They were both married, and their mother, who was present, asserted that they were of age. They not only so asserted, but swore that they were of age. The numerical weight of the evidence is with Asher on the question that Sampson and Bennett had been told that they were not of age. But the circuit judge, who recites in his judgment that he knew the witnesses and the parties, found otherwise, and, on the whole record, we áre unwilling to disturb his finding of fact. Aside from the school census there is little in the evidence to show ■definitely how old these people were, and it does not appear who furnished the information upon which that was based, nor upon what evidence the county court acted in appointing the guardian. There seems to be no record of their birth.
As Asher bought with notice of all the facts, he has no higher equity than they, and as they solemnly asserted that they were of age and thus got the money paid them by Bennett and Sampson, we do not feel justified in disturbing the conveyance they then made after so many years, when, by the rise in values, the property has become more in demand, and so a temptation is held out to set aside the trade that was then fairly made. We give
It is true that the rule followed in the cases above referred to does not obtain usually in other jurisdictions, but under the principle of stare decisis, we can not depart from it. It is a rule of property, and great confusion would result and much hardship if rules of this sort were departed from; for persons conduct their business on the faith of the rules of property which have thus been declared.
Judgment affirmed.