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WEANT'S ADM'R v. ELLIS

287 S.W.2d 446 (1955)

William C. WEANT'S ADMINISTRATOR (Allen Schmitt), Appellant, v. James C. ELLIS, Appellee (two cases).

Court of Appeals of Kentucky.

Rehearing Denied March 16, 1956.

Attorney(s) appearing for the Case

M. Joseph Schmitt, Allen Schmitt, Louisville, for appellant.

John B. Anderson, E. B. Anderson, Owensboro, for appellee.

CAMMACK, Judge.

Allen Schmitt, the administrator of the estate of William C. Weant, the original plaintiff, is appealing from an order entered in each of two actions, consolidated for purposes of this appeal, which overruled his motion for default judgment against the appellee, James C. Ellis, a resident of Daviess County. Case No. 1 is a claim and delivery action, by which the appellant seeks to obtain possession of eight race horses which Weant allegedly owned and...

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