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STRODE v. SPODEN

284 S.W.2d 663 (1955)

Evelyn McDowell Garrard STRODE et al., Appellants, v. Frances Toulmin Garrard SPODEN et al., Appellees. Frances Toulmin Garrard SPODEN et al., Appellants, v. Nellie McDowell GARRARD'S EXECUTOR (The Winchester Bank) et al., Appellees.

Court of Appeals of Kentucky.

December 2, 1955.

Attorney(s) appearing for the Case

Louis Cox, Hazelrigg & Cox, Frankfort, Beverly White, Winchester, Clark Pratt, Hindman, for Evelyn McDowell Garrard Strode and others, and Nellie McDowell Garrard's Executor (The Winchester Bank) and others.

Dan T. Martin, Hindman, Guardian ad litem for Mary McDowell Garrard.

D. L. Pendleton, Sr., Winchester, Grannis Bach, Jackson, Allen Prewitt, Frankfort, for Frances Toulmin Spoden and others.

WADDILL, Commissioner.

This action was brought by Mrs. Nellie Garrard's executor and devisees against E. G. Garrard's devisees seeking reformation of a deed on the ground of mutual mistake. The court granted the relief sought in behalf of plaintiff T. T. Garrard, who was a person of unsound mind; however, the court dismissed the claim of the plaintiff, Evelyn Strode, on the ground that her cause was barred by limitations...

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