129 Ky. 728 | Ky. Ct. App. | 1908
Opinion of the Court by
Affirming.
Jordan Garnett died about 20 years ago, a resident of Barren county, the owner of a lot in Glasgow, Ky., on which he resided. After his death, his wife, Ann Garnett, lived on the lot. She died a few years ago. After her death, the appellees, C. F. Garnett and his two sisters, claiming that they were the children and heirs at law of Jordan Garnett, brought this suit to recover the land from H. F. Dunn and Edmonia Dunn, who had claimed the property under a tax sale, made while it was in the possession of Ann Garnett, and had taken possession of it. The circuit court entered a judgment in favor of the plaintiffs, and the defendants appeal.
' The plaintiffs’ ease rests upon the ground that they are the children of Jordan Garnett by his first wife, Eva, born while he and Eva were both slaves, and when they had been married after the manner customary among slaves at that day. The proof shows that Jordan Garnett at the tyne belonged to Robert
Some complaint is made that the court did not adjudge to the defendants as large an amount as it should have adjudged them on account of the taxes they had paid on the land and a lien for an assessment made by the city of Glasgow on account of an improvement of the street in front of it. But upon an inspection of the whole record we cannot say that there was any substantial error of the court in these matters. The record doe.3 not show that the city of Glasgow had a lien upon the property — that is, the record is not sufficient to show the. creation of a lien — and so far as the record shows anything, it would appear to have been only a claim against the life tenant, Ann Garnett.
Judgment affirmed.