April 24, 2016

KY Court of Appeals Opinions -- Wayne County


Click here for a list of my other Pulaski/Rockcastle/Laurel County KY articles


These are official opinions of the Kentucky Court of Appeals on civil and criminal cases appealed from the Wayne Circuit Court. Also, since Wayne was one of the original counties of Kentucky, the early cases below are actually cases from the Supreme Court for the District of Kentucky in Virginia. The year following the case name is the year the case was heard by the court, and not necessarily the year the initial lower court trial occurred in the Wayne Circuit Court. This may not be every Wayne case heard by the Court of Appeals during this time period, but it is every one that appears on a certain legal research database.

As a general rule, if one of the parties is "Commonwealth," then it is a criminal case. Criminal cases are cases in which a person is charged with a crime. If the Commonwealth of Kentucky is not one of the parties, then it is a civil case. Civil cases are about wills, divorces, property, contracts, lawsuits, etc.  Many of these opinions contain a description of the facts of the case, and therefore may be of genealogical use to many visitors.

-- in progress--

Bates v. City of Monticello, Wayne, 1917 (2) - permit to build garage on property w/n city fire district
Commonwealth v. Bassett, et al., Wayne, 1916 - operating business without registering
Beckett-Iseman Oil Company v. Backer, Wayne, 1915 - real estate, oil and gas lease
Denney v. Abbott, et al, Wayne, 1915 - land dispute, involves Thomas Hurt land divided among heirs
City of Monticello v. Bates, Wayne, 1915 - permit to build a garage on property within city fire district
Burton v. Monticello and Burnside Turnpike Co., Wayne, 1915 - Burnside--Monticello stagecoach operator trying to recover turnpike toll fees
Stallings, et al. v. Carpenter, Wayne, 1915 - real estate, oil and gas lease
Castillo v. McBeath, Wayne, 1915 - borrowed money, real estate as collateral
Coffey, et al. v. Miller, et al., Wayne, 1914 - will of Armstead Miller who died Dec 21, 1911
Ferrell v. Bauer Cooperage Co., Wayne, 1914 (2) - real estate 
Ferrell v. Bauer Cooperage Co., Wayne, 1914 - appeal transcript procedure
Commonwealth v. Hume, et al., Wayne, 1913 - non-payment of property tax
McElwaine v. Commonwealth, Wayne, 1913 - homicide, Andrew McElwaine kills James Baker
Shook v. Bauer Cooperage Co., Wayne, 1912 - employee injured on job
Hicks, et al. v. Phillips, et al., Wayne, 1912 (2) - petition for re-hearing, real estate
Steel v. Stearns Coal & Lumber Co, et al., Wayne, 1912 - real estate matter
U.S. Fidelity & Guaranty Co. v. Citizens Nat'l Bank of Monticello, Wayne, 1912 (2) - motion to waive penalty on appeal bond
U.S. Fidelity & Guaranty Co. v. Citizens Nat'l Bank of Monticello, Wayne, 1912 - bank insurance 
Hicks, et al. v. Phillips, et al., Wayne, 1912 - real estate quiet title action
Goodwin v. Smith, Wayne, 1911 - real estate, oil and gas
U. S. Fidelity & Guaranty Co. v Citizens Nat'l Bank of Monticello, Wayne, 1911 - appeal procedure 
Chaplin v. Commonwealth, Wayne, 1911 - homicide, Charles Chaplin kills Wellerford Gilbert
Upchurch, et al v. Sutton Bros., et al., Wayne, 1911 - real estate matter
Ross Wetzell & Co. vs. The Mountain Oil Co., Wayne, 1911 - real estate, oil well contract
Catron v. Commonwealth, Wayne, 1910 - homicide, [?] Catron kills [?] Bertram
Arthur v. Humble, Wayne, 1910 - real estate matter
Lovelace v. Lovelace, Wayne, 1910 - promissory note
Keeney v. Waters, Wayne, 1909 - real estate matter
New Domain Oil Gas Co. v. Gaffney Oil Co., Wayne, 1909 - real estate, oil well contract
Ramsey v. Morrow, Wayne, 1909 - real estate boundary line dispute
J. I. Case Threshing Machine Co. v. Barnes, et al., Wayne, 1909 - purchase of threshing machine
Stone v. Monticello Const. Co., Wayne, 1909 - corporate contract, company stock, railroad
McConnaghy v. Monticello Const. Co., Wayne, 1909 - corporate board of directors, company stock issues
Southwood v. Southwood, Wayne, 1906 - real estate probate matter
Commonwealth v. Gregory, Wayne, 1905 - destruction of a survey corner tree
Taber v. Commonwealth, Wayne, 1904 - homicide, Granville Taber kills Dock Acrey
Coffey v. Ranney, Wayne, 1884 - real estate matter
Bell et al., v. Wayne County Court, Wayne, 1880 - collection of taxes by sheriff
Commonwealth v. Hardin, Wayne, 1876 - charged with selling alcohol
White v. Hayden's Adm'r, Wayne, 1875 - validity of a civil judgment
East v. Canady et al., Wayne, 1873 - real estate probate matter
Hall et al., v. Commonwealth and Baker, Wayne, 1871 - involving money collected by sheriff
Ard v. Walker, Wayne, 1869 - real estate matter
Beck v. Ingram, Cumberland/Wayne, 1866 - Wayne Co. citizen suit against a supposed CSA Captain for stealing his mules during the War
Moore's Heirs vs. Shepherd et al., Taylor/Wayne, 1865 - Taylor Co. case involving question of the true identity of a man named William Perry Moore, son of John S. Moore, of Monticello
Allcorn v. Tuggle, Wayne, 1861 - involving sheriff civil bond
Turpin et al., v. Thompson et al., Wayne, 1859promissory note, property rights of women
Upchurch v. Upchurch, Wayne, 1855 - probate case problem with witnesses to a will
Oatts v. Jones, Wayne, 1851 - involving sheriffs service of subpoenas
Cargile vs Harrison &c., Wayne, 1849 - probate case involving slaves/slavery
Collett v. Jones and Hall, Wayne, 1847 - sale of a horse to pay judgment debt
Copenheaver v. Huffaker et al., Wayne, 1845 - transfer of real estate to defraud creditors
Haydon v. Ewing's devisees, Wayne, 1840 - probate case involving slaves/slavery (the decedent emancipated a husband and wife in his will but then bequeathed their children to his children!)
Caldwell and Christian v. Commonwealth, Wayne, 1838 - charged with keeping a tippling house
Slaughter v. Huling, Wayne, 1836 - contract relating to interest is a salt works operation
Garner v. Beaty; Garner v. Catron, Wayne, 1832 - dispute over labor preformed on salt water well
Scott and Coffy v. Cook, Pinkston, et al., Wayne,1827 - agreement involving a boat and delivery of corn
Evans v. M'Kinsey, Wayne, 1821 - involving slaves/slavery
Gholson v. Lefevre, Wayne, 1814 - real estate matter
Simms vs. Alcorn, Wayne, 1809 - debt matter involving former sheriff

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