140 Ky. 570 | Ky. Ct. App. | 1910
Opinion of the Court by
Reversing.
After the death of J. H. Thomas, this suit was instituted against his wddow, Laura Thomas, by appellant, A. C. Ray, who alleged in her petition that she was the owner and entitled to immediate possession of the property under the deed from her brother, D. T. Crockett. The appellee, Laura Thomas, filed an answer, denying all of the material allegations of the petition and then alleging that the land belonged to her husband, J. IT. Thomas, at the time of his death; that he acquired title to the land by adverse possession. A reply having placed in issue the title of J. H. Thomas by adverse possession, the issues were completed. A trial before a jury resulted in a verdict in favor of the appellee, Laura Thomas. From the judgment based upon this verdict, A. C. Ray is here on appeal.
We are of opinion that the trial court should have sustained the plaintiff’s motion, at the close of the testimony, for a peremptory instruction to the jury to find for her. There was no evidence adduced which tended to show that J. H. Thomas ever held the property adversely to either D. T. Crockett or his vendee, Mrs. Ray. Thomas went upon the farm with D. T. Crockett, who had pur
“That the life tenant does not hold adversely to the remainderman is so elementary as hardly to need citation of authority.”
There was no evidence adduced which tended to show that J. IT. Thomas had any idea of holding adversely to his adopted children. On the contrary, at least one witness for appellee testified that he said he had a life estate only in the property.
The evidence conclusively shows that D. T. Crockett purchased the property from Pryor and wife with his own money, and there is nothing to- support the suggestion in the brief for appellee, that Thomas really purchased the property and placed the title in his adopted son’s name to prevent his creditors from subjecting it to their claims. But this, if it had"been true, would not have availed him. as the rule is well settled in Kentucky that, if one, in order to defraud his creditors, conveys or has conveyed property to another in secret trust for his own use. he can not afterwards reclaim the property if the vendee chooses to hold it. Section 2353 of the Kentucky Statutes provides that “when a deed shall be made to one person, and the consideration shall be paid by another, no use or trust shall result in favor of the latter.” * * * But, as said before, the evidence clearly showed that D. T. Crockett purchased the property in good faith, and it was conveyed to him by deed in 1880. In 1886, Crockett and wife conveyed the property to Thomas for life, with remainder to the appellant. This being true,
For these reasons the judgment is reversed for a new trial consistent with this opinion.