178 Ky. 120 | Ky. Ct. App. | 1917
Opinion qF. the. Court .by
Affirming .on the original appeal and re-. versing' on the cross-appeal.
On Fébruary'25, 1880, one Aaron Lucas sold.and conveyed to1 JohirN'ésd ánd JIM.' Cblíin's a tract of land in
There was some proof to the effect that John Neal and J. M. Collins Avere partners, and that upon the death of Neal the partnership was indebted to wholesale houses in the sum of $2,000.00. James P. Harris was appointed Neal’s administrator. Joseph Harris, the administrator’s brother, purchased from Neal’s brothers and sisters their interest in the land in question. The administrator agreed that if Collins would execute a mortgage on his land for $2,000.00, the administrator would pay the partnership debt and Collins’ debt to Neal, and would assign the title bonds to Collins; Collins executed the mortgage, and when the mortgage became due he did not have the money to pay the mortgage debt. By an agreement between him and Jasper Collins, Sr., the latter raised the money, paid off the mortgage and the title bonds were assigned to him as security, with the understanding that when the .debt Avas paid by .J.;M. Collins,
On the question of adverse possession, J. M. Collins testified as follows:
‘ ‘ Q. Have you or not always claimed the land in controversy since the time you paid off this mortgage of two thousand dollars? A. I have listed it and'paid taxes -on it, used it and occupied and controlled it independent of anyone else at all times since then. Q. State whether or not you have lived on, used, occupied and controlled this entire boundary of land at all times, claiming it as your own from then until the present time? A. I have not lived on it, but have lived on my adjoining tract-within 20 yards of it and controlled it for more than 30 years and have used, controlled it and claimed it as my own for more than 20 years.”
W. H. Blair, who acted as agent for his wife in the purchase from the Neal heirs, testified that about a year, or two before the purchase, J. M. Collins was living with him and his wife. Someone at the table suggested that Collins ought to give Mrs. Blair a lot to build on. Whereupon Collins stated that he would if he had it in shape, but the land was undivided and the Neal heirs owned a half interest-in it, and he could not make a deed to it. He further stated that if he made such a deed, witness' would fool it away and let someone in there that he did not want there. J. M. Collins admits making this remark, but claims that he made it because Mrs. Blair and her husband were constantly worrying him about saving them a lot, and' he didn’t want to be worried any longer.
"Wherefore, the judgment is affirmed on the original appeal and reversed on the cross-appeal for proceedings consistent with this opinion.