Baker v. Branham

Court of Appeals of Kentucky

Baker v. Branham

7 Ky. Op. 317, 1873 Ky. LEXIS 575

DecidedDecember 4, 1873

StatusPublished

This text of 7 Ky. Op. 317 (Baker v. Branham) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baker v. Branham, 7 Ky. Op. 317, 1873 Ky. LEXIS 575 (Ky. Ct. App. 1873).

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Opinion

Opinion by

Judge Pryor :

It is alleged in the petition of William Baker to be made a party, that Cull, one of the firm of Cull, Baker & Co., paid off the judgment on the note in controversy to Mastín & Branham, the original holders, and took from them their receipt therefor; that Cull then sold the note or the benefit of the claim to the petitioner, Baker, and assigned to him the receipts of Mastín & Branham. If this be true Baker is directly interested in the litigation, and should have been made a party to the estate.

The judgment of the court below in refusing to allow him to be made a party is reversed, and cause remanded for further proceedings consistent herewith.

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Opinion by

Judge Pryor :

It is alleged in the petition of William Baker to be made a party, that Cull, one of the firm of Cull, Baker & Co., paid off the judgment on the note in controversy to Mastín & Branham, the original holders, and took from them their receipt therefor; that Cull then sold the note or the benefit of the claim to the petitioner, Baker, and assigned to him the receipts of Mastín & Branham. If this be true Baker is directly interested in the litigation, and should have been made a party to the estate.

The judgment of the court below in refusing to allow him to be made a party is reversed, and cause remanded for further proceedings consistent herewith.

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Bluebook (online)

7 Ky. Op. 317, 1873 Ky. LEXIS 575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-v-branham-kyctapp-1873.