Legal Opinion

Flege v. Covington & Cin. Elevated Ry. & Transfer & Bridge Co.

Court of Appeals of Kentucky

Decided January 15, 1906PublishedCited by 4 opinions

CASE 39. — ACTION BY GEORGE H. FLEGE AGAINST THE COVINGTON & CINCINNATI ELEVATED RY. AND TRANSFER & BRIDGE CO. TO ENFORCE A COVENANT TO BUILD AND KEEP IN REPAIR A STONE RETAINING WALL. — March 15. Appeal from Kenton Circuit Court. W. Mc'D. Shaw, Circuit Judge. From a ¡judgment sustaining a demurrer to plaintiff’s petition he appeals. POINTS AND AUTHORITIES CITED. 1. Estoppel. (Western Bank v. Coldway, 22 Ky.

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CASE 39. — ACTION BY GEORGE H. FLEGE AGAINST THE COVINGTON & CINCINNATI ELEVATED RY. AND TRANSFER & BRIDGE CO. TO ENFORCE A COVENANT TO BUILD AND KEEP IN REPAIR A STONE RETAINING WALL. — March 15. Appeal from Kenton Circuit Court. W. Mc'D. Shaw, Circuit Judge. From a ¡judgment sustaining a demurrer to plaintiff’s petition he appeals. POINTS AND AUTHORITIES CITED. 1. Estoppel. (Western Bank v. Coldway, 22 Ky. Law Rep., 1250.) Definition of: (a)As applied to the statute of limitations. (Am. and Eng. Ency. of Law, 2d ed. Vol. IS, p. 288; Newton v. Cars on, 22 Ky. Law Rep., 1250; Hamilton’s Exor.…

1Opinion of the Court

OPINION op the Coubt by

Judge Barker

— Reversing.

In 1888, the appellant, Gteorge Henry Flege, by deed conveyed to the Contracting & Building Company, the subsequent vendor of appellee, its successors and assigns, a part of a lot of ground belonging to him, situated in Covington, Kentucky, for the purpose of building and maintaining thereon a line of railway. In addition to the money consideration provided ior in the deed, that instrument contains the following covenant: “It being, however, understood and agreed, and said agreement being in part the consideration of this conveyance, that the…

2Cases cited1 opinion

  1. Schmidtz v. L. & N. R. R.Court of Appeals of Kentucky · 1897

3Cited by4 opinions

  1. Mattingly's v. BrentsCourt of Appeals of Kentucky · 1913
  2. Chicago, Memphis & Gulf Railroad v. DoddsCourt of Appeals of Kentucky · 1916
  3. Chicago, Memphis & Gulf Railroad v. DoddsCourt of Appeals of Kentucky · 1917
  4. Illinois Central Railroad v. Meacham Contracting Co.Court of Appeals of Kentucky · 1918

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