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TRUSTEES, ETC. v. GARRARD COUNTY BD. OF ED.

348 S.W.2d 846 (1961)

TRUSTEES OF TRANSYLVANIA PRESBYTERY, U. S. A., INC., Appellant, v. GARRARD COUNTY BOARD OF EDUCATION et al., Appellees. GARRARD COUNTY BOARD OF EDUCATION et al., Cross-Appellants, v. TRUSTEES OF TRANSYLVANIA PRESBYTERY, U. S. A., INC., Cross-Appellee.

Court of Appeals of Kentucky.

Rehearing Denied September 22, 1961.

Attorney(s) appearing for the Case

Blakey Helm, Joseph B. Helm, Louisville, Samuel R. Cheek, Jr., Danville, for appellant and cross-appellee.

Gilbert M. Wilson, Edward P. Roark, Lancaster, for appellees and cross-appellants.

STEWART, Judge.

This is a suit for a declaration of rights to determine the ownership of two tracts of land totalling 43 acres located in Garrard County and to distribute the proceeds of the sale of both tracts according to such a determination.

On November 25, 1957, McKinley Day, plaintiff below, contracted to buy the 43 acres of land from the trustees of Transylvania Presbytery, U. S. A., Inc., appellant and cross-appellee herein, and hereinafter called...

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