183 Ky. 80 | Ky. Ct. App. | 1919
Opinion op the Court by
Reversing.
An old colored man named Hart Covington died intestate, domiciled in Warren county, in 1910, the owner of a tract of about fourteen acres of land, which he occupied as a homestead. He had been married three times. He was married the first' time before the breaking out of the Civil War, and, of course, was a slave. According to the custom of the times he belonged to a master named Ben Covington, a prominent citizen of Warren county, and Hart bears the family name óf his master. Before Covington purchased Hart he belonged to another master in the State of Tennessee; so also did his wife, Sallie.
When Covington acquired the two negroes he kept them together with their little family for a few years, and then sold Sallie and retained Hart. To this slave marriage were born three children, among them á girl named Martha, who is the mother of Ida Tobien, plaintiff in this action. All the children of Hart Covington are dead, and the plaintiff, Ida, is his only lineal descendant. After the death of Hart Covington a suit was instituted by his widow, Julia., in the Warren circuit court, against Rebecca Shields, a creditor, and the unknown heirs of Hart Covington, to settle the estate of Hart Covington. In that action it was alleged that Rebecca Shields held a mortgage for $300.00 on the little tract of land left by Hart, and that certain other debts were owing by the estate. This allegation was also made: “Plaintiff states that the said decedent (Hart Covington) left surviving-him as his only heir at law, the plaintiff, Julia Covington* his widow, and that she is informed and believes there are unknown heirs of the said Hart Covington by a former and slave marriage.” A warning order was entered, warning the unknown heirs of Hart Covington to answer the petition in thirty days, and Byron Renfrew, a regular practicing attorney, was appointed to inform the unknown heirs of the nature and pendency of the action.
The evidence establishes beyond question that Ida is the granddaughter and only living descendant of Hart
The chief insistence of appellee is that the evidence fails to show that Martha, the mother of Ida, was begotten and bom to Hart and Sallie during the existence of the marriage relation between the slaves. All the evi
The judgment is, therefore, reversed with directions to enter a judgment in conformity with this opinion.