| Ky. Ct. App. | May 25, 1916
Reversing.
Prior to the 10th day of August, 1900, Jasper Rainey and his sons, N. A. Rainey, S. H. Rainey and Lewis Rainey, owned a small tract of land in Pike county, which they sold for the sum' of $500.00 and took a pair of mules as part payment. During the same year they purchased from Merida and Alvin Senters a tract of land estimated to contain from three hundred to five hundred acres for the sum of $1,500.00. No part of this sum was paid in cash, but the deferred payments extended to 1903. The deed to this land was executed to Emiline Ramey, wife of Jasper Ramey and mother of the boys. In the year 1905, Merida Senters conveyed the same tract of land to Lewis Ramey. This deed was put to record on July 9th, 1907. Prom the year 1900 to 1907 all the family lived on the land in question. During that time the timber was sold from the land. On October 28th, 1907, Lewis Ramey purchased the entire interest of S. H. Ramey and N. A. Ramey in- the land. On April 7th, 1910, Emiline Ramey and Jasper Ramey conveyed the entire tract of land to Lewis Ramey for the recited consideration of $2,150.00. It appears that S. H. Ramey and N. A. Ramey each received in the neighborhood of $600.00 for his interest. Jasper and his wife received about $1,200.00 or $1,300.00 for their interest. In the month of June, 1910, Lewis Ramey died, leaving a will by which he devised all of his property to his wife, Virgie Ramey, and his infant child, Maxie Ramey. After his death another child was born.
After the death of Lewis, Jasper Ramey and others contested the will. The will was sustained. Jasper and his wife then brought suit to recover the land and attacked the deed which they had made to Lewis on the ground of mental incapacity. This suit they likewise lost.
On March 2nd, 1912, Jasper Ramey, S. H. Ramey and N. A. Ramey brought this shit to subject the land which Lewis had devised to his wife and children to an alleged claim for lumber, which it is alleged that Lewis sold from the land in controversy and failed to turn over to plaintiffs.
There was subsequently consolidated with this action certain suits which J. E. Ratliff, Henry Ratliff and E. .Bingham had brought on judgments obtained against
We have carefully gone over all the evidence bearing on the question when the timber from the land in controversy was sold, and are clearly of the opinion that the lumber was disposed of and paid for prior to the beginning of the year 1907. As the Rameys did not bring this suit to recover their alleged part of the proceeds of the lumber until March 2nd, 1912, or more than five years after the lumber was sold and paid for, we conclude that their claim is barred by the statute of limitation. Indeed the facts of this case -make it one where the statute of limitation is peculiarly applicable. Instead of bringing suit on their alleged claim during the lifetime of Lewis Ramey, his .father and brothers waited until two years after his death. Then, when Lewis is no longer able to speak or -explain how the proceeds of the timber were applied, they seek, by incompetent evidence, to subject his land to the payment of alleged debts, which it is not improbable have long since been satisfied.
Respecting the claims of J. E. Ratliff, Henry Ratlifif and E. Bingham, it may be said that there is absolutely no evidence in the record which tends to substantiate their claim that either the original conveyance from
Judgment reversed and cause remanded for proceedings consistent with this opinion.