KYJacksonPurchase-L Archives

From: Bill Utterback <>
Subject: [KYJP] Calloway County - KY Cases at Law - JP Region - McGee vs. Anderson
Date: Thu, 11 Jul 2002 20:38:10 -0500

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
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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.

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This thread:

• [KYJP] Calloway County - KY Cases at Law - JP Region - McGee vs. Anderson by Bill Utterback <>