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SMITH v. ASH

448 S.W.2d 51 (1969)

Charles E. SMITH, Appellant, v. John ASH, Merit Ash, Katie A. Smith, aka Katie Ash Smith and Reverend Lawrence Smith, Appellees.

Court of Appeals of Kentucky.

October 3, 1969.

Attorney(s) appearing for the Case

Robert E. Hogan, Louisville, for appellant.

Howard Snyder, Jeffersonville, Ind., Michael O. McDonald, Martin J. Duffy, Jr., Louisville, for appellees.

CULLEN, Commissioner.

John Ash, Merit Ash and Katie Ash Smith, brothers and sister, each own an undivided one-third interest in a 90-acre island in the Ohio River, in Jefferson County, known as Six Mile Island. On April 5, 1965, Merit and Katie executed a 30-year lease of the island to Charles E. Smith and William L. Marsh. John did not sign the lease and the lease did not name him as a lessor. In March 1968 Smith, who in...

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