151 Ky. 547 | Ky. Ct. App. | 1913
Opinion of the Coget by
Affirming.
On August 24, 1908, appellee, Nannie Beatty, who at that time was 16 years of age, and appellant Arch Beatty, ran away from home for the .purpose of getting married. They spent that night at the home of one William Gross, and occupied the same room. On the next day they proceeded to London, Kentucky, and about two o’clo-ek P. M. they took a train bound for Tennessee,
On March 12, 1909, appellee brought this- action against appellant Arch Beatty to recover alimony, alleging that appellant had abandoned her without fault on her part. She obtained both general and specific attachments against the property of appellant. These attachments were levied upon certain property alleged to belong to appellant, -and various persons were summoned to answer -as garnishee. A warning order was made against appellant, and a corresponding attorney .appointed, who filed his report on May 17, 1909, stating that he -was unable to find out where appellant resided1 or might be found. Thereafter appellee took certain depositions in support of her petition. On April 25, 1911, the cause was submitted for judgment, and on May 4, !1|911, the court rendered judgment awarding appellee alimony in the sum of $1,000, and sustaining the attachments. Appellee was adjudged a lien on the attached property, -and a sale thereof was directed. On the same day file court set aside that part of the judgment which directed a sale of certain cattle claimed by B. P. Beatty. On May 5, 1911, B. P. Beatty filed his verified petition, and asked to be made a party to the action. By this pleading, -he claimed as his own certain personal property that had been attached. Subsequently ap
It appears that appellant B. P. Beatty executed a bond for the forthcoming of certain personal property attached in his hands. On a final hearing the court fixed the value of the personal property in the hands of appellant B. P. Beatty at $500. It also appears that $200 had been attached in the hands of H. B. Martin, Administrator, The court awarded appellee alimony in the sum of $250, and fixed her attorney’s fees at $100. The sheriff was ordered to take possession of the attached property and sell the same. In the event the appellant B. P. Beatty failed to produce the property, he was ordered and directed to pay the plaintiff the sum of $250, or whatever amount might be necessary to satisfy the judgment and costs, after the payment of the $200 owing by Martin. The counterclaim of appellant Arch Beatty iwas dismissed. Prom that judgment this appeal is prosecuted.
The first question to be determined is the propriety of the chancellor’s' judgment granting appellee alimony, and denying the appellant Arch Beatty the relief sought by him.
Appellee proved by a number of witnesses that she cooked for appellant Arch Beatty and his brother, and was in all respects a faithful and dutiful wife. 'She also proved that she gave appellant Arch Beatty no cause for ■abandonment, but that he, without making any provision' at all for her support, left her in the night-time and went to a distant state. ,
Appellant Arch Beatty introduced several witnesses,
But it is insisted that the evidence shows that the attached property was not the property of Arch Beatty, but belonged to appellant B. P. Beatty. The latter testifies that he purchased the property from Arch Beatty. Arch was indebted to him for money advanced at various times in the sum of from three to- five hundred dollars. He purchased the cattle from Arch, and paid him as much as anybody else would pay him. After deducting the
Lastly it is insisted that the court erred in directing a sale of the interest of Arch Beatty in a certain tract of land on the ground that there was a failure to show title in Arch Beatty. The evidence, however, shows that Arch’s father bought the land from other parties. They executed a deed to all his father’s children, including Arch. While the father bought and paid for the land, the deed was not made to him. He had no title in the land whatever. While the deed was not delivered to the children, the deed was delivered to the father. The children took possession of the land, and occupied it as their own. Under these circumstances, we conclude that the father received the deed as the agent or trustee for Ms children, and the delivery of the deed t'o him was sufficient to vest title in the children, including Arch Beatty, even though the deed was not actually delivered to the children, and was not put to record.
Judgment affirmed.