Thomas v. Miles

Court of Appeals of Kentucky

Thomas v. Miles

7 Ky. Op. 458, 1874 Ky. LEXIS 143

DecidedJanuary 21, 1874

StatusPublished

This text of 7 Ky. Op. 458 (Thomas v. Miles) 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

Thomas v. Miles, 7 Ky. Op. 458, 1874 Ky. LEXIS 143 (Ky. Ct. App. 1874).

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Opinion

Opinion by

Judge Lindsay:

We concur with the circuit judge that the $1,000 advanced to appellant by his father in 1864, was not an advancement, but a loan. From the day the money was passed by the deceased to appellant, the relation of debtor and creditor existed, and limitation began to run.

The statutory bar had become complete before the institution of the action. The plea of limitation should therefore have been treated as a bar to a recovery, and the petition dismissed.

Judgment reversed and cause remanded for a judgment conformable to this opinion.

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Opinion by

Judge Lindsay:

We concur with the circuit judge that the $1,000 advanced to appellant by his father in 1864, was not an advancement, but a loan. From the day the money was passed by the deceased to appellant, the relation of debtor and creditor existed, and limitation began to run.

The statutory bar had become complete before the institution of the action. The plea of limitation should therefore have been treated as a bar to a recovery, and the petition dismissed.

Judgment reversed and cause remanded for a judgment conformable to this opinion.

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Bluebook (online)

7 Ky. Op. 458, 1874 Ky. LEXIS 143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-miles-kyctapp-1874.