Dean v. Cassiday
Court of Appeals of Kentucky
Case 88 — PETITION EQUITY — APPEAL FROM MARION CIRCUIT COURT. 1. The parties being adults and laboring under no legal disability, a court of chancery had no power to sell real estate in which one held the fee, and the other a life estate, without the consent of both. (Oossom v. McFerran, 79 Ky.) 2. A contract, though within the statute of frauds, is good as a defense when executed in whole or in part.
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Case 88 — PETITION EQUITY — APPEAL FROM MARION CIRCUIT COURT. 1. The parties being adults and laboring under no legal disability, a court of chancery had no power to sell real estate in which one held the fee, and the other a life estate, without the consent of both. (Oossom v. McFerran, 79 Ky.) 2. A contract, though within the statute of frauds, is good as a defense when executed in whole or in part. (Roberts v. Tennell, 3 Monroe, 247.) 3. An oral contract in regard to land can not be abandoned so as to charge the vendor with improvements made by vendee. (Gudgell v. Duvall, 4 J. J. M., 229.)…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
The appellee, Mary Cassiday, is the mother-in-law of the appellant, Philip Dean. He was the owner of a vacant lot, worth about four hundred dollars. Under a verbal contract between them, she erected a brick business house thereon, costing over two thousand dollars, and improving the property in that sum. They do not agree as to the character of the contract. He testifies in substance that she was to have the rent of the property during her life, as compensation for building it.
She says in her petition, that she was to have the use of it for her…
2Cases cited1 opinion
- Usher's Ex'r v. FloodCourt of Appeals of Kentucky · 1886
3Cited by15 opinions
- Boone v. CoeCourt of Appeals of Kentucky · 1913
- Grace v. GholsonCourt of Appeals of Kentucky · 1914
- Waters v. ClineCourt of Appeals of Kentucky · 1905
- Hall v. HallCourt of Appeals of Kentucky (pre-1976) · 1930
- Coffey v. HumbleCourt of Appeals of Kentucky · 1913
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