CARTER v. SPURLOCK


282 S.W.2d 838 (1955)

Howard CARTER, Appellant, v. Lelia SPURLOCK et al., Appellees.

Court of Appeals of Kentucky.

October 7, 1955.


Attorney(s) appearing for the Case

John S. Deering, Nicholasville, for appellant.

William H. Mackey, William B. Buford, Nicholasville, for appellees.


CLAY, Commissioner.

This suit was brought by appellees to set aside a deed and to have the appellant grantee declared a trustee. The court adjudged that the appellant convey a one-third undivided interest in the land to each of the appellees and that he account to them as trustee.

The judgment was entered on November 17, 1953, and no appeal was taken. On June 29, 1954, appellant filed a motion for a new trial on the ground of newly discovered evidence. Apparently...

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