Stembridge v. Stembridge's Administrator
Court of Appeals of Kentucky
Case 16 — PETITION EQUITY APPEAL PROM DAVIESS CIRCUIT COURT. 1. The suit being by the administrator for. the sale of land, and there being no necessity to sell the land for the payment of debts, there was no right of action in the administrator. 2. A personal representative cannot maintain an action to set aside for fraud a conveyance made by his intestate. 3. Where a contract is unilateral and there is an option to perform within a given time, a failure to perform within…
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Case 16 — PETITION EQUITY APPEAL PROM DAVIESS CIRCUIT COURT. 1. The suit being by the administrator for. the sale of land, and there being no necessity to sell the land for the payment of debts, there was no right of action in the administrator. 2. A personal representative cannot maintain an action to set aside for fraud a conveyance made by his intestate. 3. Where a contract is unilateral and there is an option to perform within a given time, a failure to perform within that time leaves no enforceable agreement. (Magoffin v. Holt, 1 Duvall, 95; Jones v. Noble, 3 Bush, 694.) 4. Where there…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion op the court.
In February, 1879, A. S. Stembridge conveyed to Ms wife, the appellant, a tract of land containing one hundred and twelve acres. The consideration for this conveyance was the undertaking by the appellant to • pay to-Rinehart, A. S. Stembridge’s vendor, a balance of fifteen hundred dollars, with two years’ interest thereon, due on this land by A. S.. Stembridge to said Rinehart, and to surrender a claim of five hundred dollars loaned by the appellant to A. S. Stembridge to pay on this land, and to cancel a promissory note held by the appellant on…
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- Neeson v. SmithWashington Supreme Court · 1907
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