Ferguson v. Worrall
Court of Appeals of Kentucky
CASE 69. — ACTION BY H. W. FERGUSON AND OTHERS AGAINST BELLE COMBS WORRALL Appeal from Jefferson Circuit Court r. First Chancery Division. Shackelford Miller, Judge. From a judgment dismissing their petition plaintiffs appeal. SUBJECTS AND AUTHORITIES. 1. Devisee.
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CASE 69. — ACTION BY H. W. FERGUSON AND OTHERS AGAINST BELLE COMBS WORRALL Appeal from Jefferson Circuit Court r. First Chancery Division. Shackelford Miller, Judge. From a judgment dismissing their petition plaintiffs appeal. SUBJECTS AND AUTHORITIES. 1. Devisee. A devisee having paid a valid claim against his testator, to save his devise, may maintain an action against the residuary legatee, charged with the payment of debts of the estate, or the sole devisee of said residuary devisee, charged likewise with the payment of debts, without asking or making contribution. (Ky. Statutes, sections…
1Opinion of the Court
Opinion of the Court by
John D. Carroll. Commissioner
Affirming.
In 1881 E. W. Ferguson and the Fondas, being owners of adjacent lots on Main street in the city of Louisville, entered into a written agreement duly acknowledged and recorded in the clerk’s office of the Jefferson county court, by the terms of which the Fondas were to build a party wall on the boundary line between their respective lots; the contract further providing that “the party of the second part (Ferguson) is to pay to the party of the first part (Fonda) one-half the cost of said new party wall when the said new party wall…
2Cases cited3 opinions
- Burr v. LamasterNebraska Supreme Court · 1890
- Kimm v. GriffinSupreme Court of Minnesota · 1896
- Buford v. Pawling's ExecutorsCourt of Appeals of Kentucky · 1837
3Cited by10 opinions
- Walker v. City of RichmondCourt of Appeals of Kentucky · 1916
- Hawkes v. HoffmanWashington Supreme Court · 1909
- Meade v. GinnKentucky Supreme Court · 2004
- Elliott v. Scoville's AssigneeCourt of Appeals of Kentucky · 1911
- Horne v. Macon Telegraph Publishing Co.Supreme Court of Georgia · 1914
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