Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky, 1785-1951 (Volume 39; V. 146)

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1912. Not illustrated. Excerpt: ... Halcomb v. Cornett, et al. (Decided January 23, 1912.) / Appeal from Letcher Circuit Court. Limitation--Action by Personal Representative.--Under Section 2526 of the Kentucky Statutes, providing in substance that if a person entitled to bring an action dies before the expiration of the time limited for the commencement thereof, and it survives, it may be brought by his representative after the expiration of that time if commenced within one year after his qualification, the death of the person entitled to-bring the action at any time before the expiration of one year from the time limit for its institution does not stop the running of the statute; but if he dies within one year before the time limit expires, then the action may be brought by his personal representative after the expiration of the time limit if it is commenced within one year after his qualification. S. E. BAKER and J. J. WAKEFIELD for appellant. WOOTON & MORGAN and GREEN & VAN WINKLE for appellees. Opinion Of The Court By Judge Carroll--Reversing. The administrator declining to sue this action was brought by the heirs of Ison Stamper against Jesse Halcomb to recover $1,600 that it was alleged Halcomb owed Stamper for the purchase price of about 400 acres of land sold at $4 per acre. Halcomb set up several defenses to the action, but it only seems necessary to notice the plea of the fifteen-year statute of limitations. The suit was brought in February, 1907, and it is Halcomb's contention that the note which was due one day after date, was executed on March 6,1891; while the appellees claim it was executed in November, 1892. Isom Halcomb died in 1899 and administration was granted on his estate about two years thereafter. If the note was executed in March, 1891, more than fifteen years had elapse...