194 S.W.2d 75 | Ky. Ct. App. | 1946
Affirming.
Carrie Gilliam as administratrix of her deceased husband, Tom Gilliam, brought this action to settle his estate. The petition averred that he was indebted to her as well as to others and that there was insufficient personal property to satisfy decedent's debts and asked that his real estate be sold for that purpose. After hearing considerable proof the chancellor adjudged that the estate was indebted to appellant in the sum of $528.09, which with her exemption of $750 made the amount of $1278.09 due her from the estate. But the chancellor charged appellant with items aggregating $1389.66, therefore he gave judgment against her for $111.57, the difference between these two stuns. It is Mrs. Gilliam's contention that she should have been charged with only $1001.16 and that instead of her owing the estate $111.57, it was indebted to her in the sum of $276.93, and she moves this court to grant her an appeal.
There is no controversy concerning the items which compose the $1278.90 the chancellor held the estate was indebted to Mrs. Gilliam. But Mrs. Gilliam claims to be the owner of all the livestock and that the household goods charged to her were worth only $150. However, the chancellor held that this livestock was jointly owned by the widow and her deceased husband and charged her with one-half of its value, and further charged her with $250 as the value of the household goods which she insists was worth only $150. These two items make up the $388.50 about which the parties differ.
The proof as to the ownership of the livestock and as to the value of the household goods is highly conflicting and the most that can be said is that there may be some doubt in our minds as to whether or not the chancellor's decision is correct. The rule in such instances is that we will not disturb the findings of fact by the chancellor. Gilliam v. Gilliam,
Appellees insist that as the judgment rendered against Mrs. Gilliam was only $111.57, this court has no jurisdiction under KRS 21.080 to hear this appeal. The amount governing the right of appeal by a losing plaintiff is the sum his evidence shows he is entitled to recover, credited by any sum the chancellor might have allowed him in the judgment sought to be reversed. *131
Bennett v. White Coal Co.,
The land of the decedent sought to be subjected to his debts is described in the petition as his "one-half undivided interest in a farm on Bowman Branch" and the description continues by bounding the whole farm on the four points of' the compass by the adjacent landowners. The petition recited the land had been recently divided by an order of court and when that judgment became final the description of the land would be adopted in the instant action. Gilliam v. Gilliam,
After the judgment was entered appellant filed motion to have the chancellor insert the correct boundary in the judgment, reciting it easily could be ascertained from the record in Gilliam v. Gilliam,
Our reason for granting this appeal and writing an opinion affirming the judgment wherein the amount in controversy is more than $200 but less than $500 is so that there may be no confusion in the description of the land to be sold and that the tract allotted to the heirs of decedent will be sold to pay his debts and that the tract allotted to the widow will not be sold for that purpose.
The judgment is affirmed.