Flege v. Covington & Cin. Elevated Ry. & Transfer & Bridge Co.
Court of Appeals of Kentucky
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
- Schmidtz v. L. & N. R. R.Court of Appeals of Kentucky · 1897
3Cited by4 opinions
- Mattingly's v. BrentsCourt of Appeals of Kentucky · 1913
- Chicago, Memphis & Gulf Railroad v. DoddsCourt of Appeals of Kentucky · 1916
- Chicago, Memphis & Gulf Railroad v. DoddsCourt of Appeals of Kentucky · 1917
- Illinois Central Railroad v. Meacham Contracting Co.Court of Appeals of Kentucky · 1918