Kelley v. Williams
Kelley v. Williams
Opinion of the Court
Affirming.
Appellees, Ella Hester Williams and Henry Hodges, together with their spouses instituted this action in the Christian circuit count against Margaret Kelley and her husband and Beulah Smith to recover possession of a certain house and lot of ground situated in Christian county and to be adjudged the owners thereof together with damages for ¡the wrongful withholding thereof. All the parties are colored people. Neither appellants nor appellees have any paper title whatever to the acre of ground in controversy. Appellants-, Margaret Kelley and Beul'ah Smith, claim that (their brother, John Burke-s, purchased the lot 'by parol -contract from one Hester some forty or fifty years ago and agreed to pay therefor the sum of $150.00; that he paid at (the ¡time of the purchase $50.00; and later paid $30.00, and at other times made three or four $5.00 p’ayments, for each of which Hester gave to John Burkes receipts. Hester, however, gave no title bond -or other writing obligating himiself to convey the land to Burkes. In support of their claim that the lapd in controversy was purchased and in part paid for b-y John Burkes, Margaret Kelley and Beulah Smith testified and called- witnesses to prove that Burkes frequently referred to the place as his, and had paid the taxes on it for many years and lived on and occupied it as a home; that some seventeen to twenty years before the institution -of thi-s action Burkes built an addition to the cabin and had used the property as if he owned it, and had said frequently in their presence that he did own it and that he had purchased it from Hester. They further state that shortly before the -death of Burkes he told one or more persons that the property was his and -that he had receipts for purchase money paid by him as well as tax receipts and other papers in his tool box up in the loft of the cabin, and after his death the -said receipts for purchase money and taxes with other papers were found in the to-o-1 box upstairs. These receipts form the chief basis of appellants’ claim to the land. ■ ■ •
On the other hand, Ella Hester Williams and her niece, Henry Hodges, insist that the acre of ground in controversy was bought by Mima Burkes, mother of Ella Hester Williams and grandmother of Henry Hodges, and that Mima Burkes some forty, fifty or , sixty years ago bought the ground from Hester and at
, Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.