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COMMONWEALTH, DEPT. OF HIGHWAYS v. SCHMEHR

388 S.W.2d 131 (1965)

COMMONWEALTH of Kentucky, DEPT. OF HIGHWAYS, Appellant, v. William L. SCHMEHR et al., Appellees.

Court of Appeals of Kentucky.

March 12, 1965.

Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., Wm. A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Thomas L. Withers, Henderson, for appellant.

William L. Sullivan, Dorsey & Sullivan, Henderson, for appellees.

DAVIS, Commissioner.

This condemnation case presents questions touching the effect of a prior settlement by the appellant-condemnor with appellee Schmehr (relating to other property than now being condemned). A corollary question arises as to whether appellee Goehring should have been precluded from participation in the condemnation proceeds; this point involves the assertion that the deed to Goehring was champertous.

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