Duncan v. Duncan
Court of Appeals of Kentucky
Case 9 — PETITION EQUITY APPEAL PROM -WARREN .CIRCUIT COURT. Real estate held as partnership property is treated as personalty and, therefore, a verbal division of such property is binding. (6 Bush, 369 ; Buchan v. Sumner, 5 3ST. Y., Chy. 600.) 1. The finding of the commissioner and the court that there had been no division of the land, not being flagrantly against the evidence, will not be disturbed. 2. A verbal division of land is void under the statute of frauds.
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Case 9 — PETITION EQUITY APPEAL PROM -WARREN .CIRCUIT COURT. Real estate held as partnership property is treated as personalty and, therefore, a verbal division of such property is binding. (6 Bush, 369 ; Buchan v. Sumner, 5 3ST. Y., Chy. 600.) 1. The finding of the commissioner and the court that there had been no division of the land, not being flagrantly against the evidence, will not be disturbed. 2. A verbal division of land is void under the statute of frauds. ("White, &c., v. O’Bannon, 9 Ky., Law Rep., 354.)
1Opinion of the Court
JUDGE BENÍTETT
delivered the opinion oe the court.
This action was instituted in the Warren Circuit Court for a settlement of the partnership between the appellant and appellee and for a sale of their partnership lands. The trial resulted in a judgment in favor of the appellee for the sum of $76.65 and for'the sale of the partnership land.
The appellant complains of so much of the personal judgment as relates to the item of corn. It is sufficient to say, in reference to that matter, that the proof was sufficient to authorize the judgment in favor of the appellee.
The appellant contends that he…
2Cases cited2 opinions
- White v. O'BannonCourt of Appeals of Kentucky · 1887
- Carter v. FlexnerCourt of Appeals of Kentucky · 1891
3Cited by16 opinions
- People v. RosenCalifornia Supreme Court · 1938
- Butts v. CooperSupreme Court of Alabama · 1907
- Cates v. StateCourt of Special Appeals of Maryland · 1974
- Garth v. Davis & JohnsonCourt of Appeals of Kentucky · 1905
- Robbins v. KadykIllinois Supreme Court · 1924
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