FELLA v. HORNEY


316 S.W.2d 62 (1958)

Annie FELLA, Appellant, v. Marcella HORNEY, Individually, and as Administratrix of the Estate of Earl Fella, Deceased, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied October 3, 1958.


Attorney(s) appearing for the Case

Robert Hubbard, Jesse Y. Hubbard, Louisville, D. C. Goble, Cannelton, Ind., for appellant.

Frank W. Burke, Louisville, for appellee.


MONTGOMERY, Judge.

Annie Fella, the surviving widow, filed this action to settle the estate of Earl Fella, deceased. The case was transferred from the Chancery Branch to the Common Pleas Branch for trial of the following issue:

"Does the jury believe from the evidence that on February 15, 1954, at the time Annie Fella received the sum of $3,987.50 on the purchase price of the real estate in Cannellton, Indiana, Earl Fella her husband promised Annie Fella...

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