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In the Court of Appeals of Kentucky.
John E. Ratliff,
W. E. Coleman, and
Adam Venters, conmosing the firm of A
' J. E. Ratliff & Company Appellants.
, , Against// Brief for Appellants. . .
? Thomas May, ' V
g , S, H. May, J 1
§ A4 P. H; May, .
Alice Marrs, .
D. F. May,
‘ . Mollie E. Stratton, and Frank Damron A
; and Edgar Damron, by their neXt :
i friend, Thomas May. Appellees. '
' 7 May it please the Court:- -
This action was instituted in the Pike Circuit Court on
' the 19" day of August, 1902, by Appellees, Thomas May &c.,Vs
“ Appellants, J. E. Ratliff & Co., in which action Appellees
9‘ seek to recover of Appellants the sum of $3074.50 for timber g .E
. and timber trees, as alleged by Appellees which were out fro
. and were standing on a One Thousand Acre survey, patented to
John May and David May, in the year 1860. 2
' \ Appellees sue as the heirs at law of David May,(decease )
' Appellees also set out in their petition a writing, signed .
' by Appellants, in which writing Appellants promise and agree
to pay said sum for said timber. (see pages 1 to 3 of record"
Appellants by answer, claim that their signatures to said
writing was obtained by false representations, made by Appel
lees, as to the location of said "May" survey, and Appellant'
charge in their answer that Appellees knowledge as to the 10'
cation of the "May" survey was superior to the knowledge of ‘
Appellants, and this charge is nowhere denied by Appellees.
(see page 12 of the record). Appellants in their said Answe
deny that the timber in controversy grew within the One Tho "
sand acre patent to John and David May, under whish Appelle-
claim, but claim that Appellants own the land on which this
, timber grew, Appellants having purchased said land from one 4' ,
. /