Medlock v. Suter
Court of Appeals of Kentucky
Case 21 — EQUITY— APPEAL PROM OWEN CIRCUIT COURT. 1. The allegation that a married woman had made a, sale of her real estate necessarily implies that she had made and acknowledged a written conveyance. A verbal contract of sale is utterly void. 2. The possession of a vendee by executory contract is that of the vendor, and no lapse of time will bar him.
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Case 21 — EQUITY— APPEAL PROM OWEN CIRCUIT COURT. 1. The allegation that a married woman had made a, sale of her real estate necessarily implies that she had made and acknowledged a written conveyance. A verbal contract of sale is utterly void. 2. The possession of a vendee by executory contract is that of the vendor, and no lapse of time will bar him. (3 Mar., 43; 4 J. J. Mar., 641; 6 lb., 163, 438; 18 B. Mon., 239; 1 Dana, 517; Smith v. Shackleford, 9 Dana, 475 5 Maramon v. Caldwell, 8 B. Mon., 33.) '3. Appellees having accepted the deed from Medlock, must be.presumed to have held under it.…
1Opinion
To a petition for a rehearing—
CHIEF JUSTICE LEWIS
delivered the following response :
The widow and children of Tinsley M. Snelson, deceased,, did not enter or claim under the purchase from the husband' of Elizabeth Medlock merely, but they entered under a parol purchase by him of both husband and wife, and held and claimed the land openly, continuously, and adversely under that purchase for more than thirty years before this action was brought.
The right of action accrued to Elizabeth- Medlock and' her husband as soon as the widow and children entered'' under that purchase claiming adversely,…
2Cases cited1 opinion
- Bates v. ForeeCourt of Appeals of Kentucky · 1868