Tucker v. Tucker
Court of Appeals of Kentucky
Case ioi — EQUITY— APPEAL FROM KENTON CHANCERY COURT. 1. The assignment of errors is sufficient. (O’Reagan v. O’Sullivan, 14 Bush, 184.) 2. One not a party to a deed takes no present interest. 3. The intention of the grantor is the controlling element. The word “heirs” in the deed means children. (Harper v. Wilson, 2 Mar., 466.) 1. The assignment of errors is insufficient.
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Case ioi — EQUITY— APPEAL FROM KENTON CHANCERY COURT. 1. The assignment of errors is sufficient. (O’Reagan v. O’Sullivan, 14 Bush, 184.) 2. One not a party to a deed takes no present interest. 3. The intention of the grantor is the controlling element. The word “heirs” in the deed means children. (Harper v. Wilson, 2 Mar., 466.) 1. The assignment of errors is insufficient. (Maxwell v. Dudley, 14 Bush, 303 ; O’Reagan v. O’Sullivan, 14 B.ush, 1S4.) 2. Persons not in esse may sometimes take by way of remainder, but never in presentí. 3. The intention of the grantor must control in the…
1Opinion of the Court
JUDGE HINES
delivered the opinion of the court.
This case submits for consideration the following clause of a deed, to-wit:
“Know all men that William Hunt, of the county of Washington and state of Mississippi, in consideration of eight thousand eight hundred and eighty-nine dollars (being thirty-four dollars per acre) ; two thousand nine hundred *504and sixty-three dollars to be paid on the first day of March, 1858, by John C. Tucker, and the remainder, two thousand nine hundred and sixty-three, on the first day of March, 1859, and two thousand nine hundred and sixty-three dollars on the 1st day of…
2Cases cited1 opinion
- Foster v. ShreveCourt of Appeals of Kentucky · 1869
3Cited by20 opinions
- Hall v. WrightCourt of Appeals of Kentucky · 1905
- McFarland v. HatchettCourt of Appeals of Kentucky · 1904
- Virginia Iron, Coal & Coke Co. v. DyeCourt of Appeals of Kentucky · 1912
- Weisert v. MuehlCourt of Appeals of Kentucky · 1883
- Fletcher v. TylerCourt of Appeals of Kentucky · 1891
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