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    1. [KYCALLOWAY] Calloway County - KY Cases at Law - JP Region - McGee vs. Anderson
    2. Bill Utterback
    3. My friends - I am sending along the second item in the new series on KY Cases at Law, which is concerned with appeals from decisions made in the circuit courts of the counties in the JP, as well as in some other KY counties when the surname is connected with one or more in the JP region, or when the case is particularly instructive in the KY legal system's handling of estates or other genealogically important subject areas. The synopsis of the case we are reviewing today is shown below. This is one of the cases reported in which the given names of the plaintiff and defendant are not given. However, the case is interesting, as it involves KY tax laws, and we may have McGee or Anderson descendants on the JP or Calloway lists. Subscribers to the JP and Calloway lists can receive images of the pages from the original Reporter in which this case was contained by sending a request to me. However, the requests will have to go into the queue with the Graves County Order Book G page image requests, until I receive the return of my main computer, which is, as you know, in the shop for repairs. I appreciate very much the kind wishes of many who sent private messages about my wife and her fractured rib following a fall. While still very painful, I think we are slowly recovering. Some 2-4 weeks will be needed to get over this injury. As is now customary, there will be no data posts tomorrow or ont he weekend. Since it appears that I will not have my main machine back in service until early next week, there will very likely be no file offerings, either, as those are contained on that machine. I will drop by with perhaps an item of interest for us JP researchers. -B ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ +++++++++++++++ Calloway County - KY Cases At Law - McGee vs. Anderson Synopsis of Case: KY Court of Appeals Spring Term, 1841 Plaintiff: ------- McGee Defendant: ---------- Anderson (Sheriff) Type of action: Trepass Attorney: J.T.Morehead for Plaintiff Narrative: McGee charged Anderson with stealing and converting a mare. Anderson claimed that he was justified in doing so, working under an order of execution to seize the mare and subsequently sell her. The defendant posed that, at that time, he was a bona-fide housekeeper with a family and hadonly two horses. He elected to keep the mare levied upon under the statutory tax exemption ofone work beast, and had tendered the other mare to Anderson, the Sheriff, on the day of the sale, to be sold in place of the mare seized, as he desired to keep the seized mare. The defendant claimed that the Plaintiff also had a yoke of oxen, and thereby had more than 2 work animals. McGee failed to make answer to this allegation and a summary judgement at bar was made against him, which he appealed to the KY Court of Appeals. Decision: Affirmed. The Court held that the Sheriff was not guilty of trepass and that McGee, under the law, and assuming by his failure to answer the defendant's allegations concerning his having more than 2 work animals in his possession, was not entitled to exchange mares, even on the day of the sale. The General Execution Law of 1828 was cited as source law for the decision. ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ ++++++++++++

    07/11/2002 02:38:10