HELTON v. DAY


291 S.W.2d 535 (1956)

Frances K. HELTON, Appellant, v. H. T. DAY, Appellee.

Court of Appeals of Kentucky.

June 8, 1956.


Attorney(s) appearing for the Case

Cleon K. Calvert, Pineville, C. W. Hoskins, Hyden, for appellant.

S. M. Ward, Don A. Ward, Hazard, A. E. Cornett, Hyden, for appellee.

James Sampson, Harlan, amicus curiae, for appellee.


SIMS, Judge.

The single question upon this appeal is, whether appellee, H. T. Day, had acquired vested rights in lands which were impaired by the 1944 amendment to KRS 56.190, thereby making the amendment unconstitutional insofar as it was retroactive. The trial judge held Day had acquired vested rights in certain lands prior to the amendment and the retroactive feature in the application thereof impaired such rights, hence...

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