Cain's Adm'r v. Ky. & Indiana Bridge & R. R.
Court of Appeals of Kentucky
CASE 57. — ACTION BY MARGARET CAIN’S ADMINISTRATOR AGAINST THE KENTUCKY & INDIANA BRIDGE AND RAILROAD COMPANY TO RECOVER THE ALLEGED VALUE OF HER DOWER INTEREST IN A CERTAIN LOT. Appeal from Jefferson Circuit Court, Chancery Branch (First Division). Shackelford Miller, Judge. From the judgment plaintiff appeals. POINTS AND AUTHORITIES. 1. What is an equitable lien.
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CASE 57. — ACTION BY MARGARET CAIN’S ADMINISTRATOR AGAINST THE KENTUCKY & INDIANA BRIDGE AND RAILROAD COMPANY TO RECOVER THE ALLEGED VALUE OF HER DOWER INTEREST IN A CERTAIN LOT. Appeal from Jefferson Circuit Court, Chancery Branch (First Division). Shackelford Miller, Judge. From the judgment plaintiff appeals. POINTS AND AUTHORITIES. 1. What is an equitable lien. (Pomeroy’s Equity, vol. 3, page 242, sec. 1244; Ibid, vol. 3, page 232, sec. 1235; Ibid, vol. 3, page ■--, sections 1233, 1234; Ibid, vol. i, page 146, sec. 166.) 2. Who is an innocent purchaser without notice, or a purchaser with…
1Opinion of the Court
*452Opinion op the Court by
Judge Settle
Affirming
Prior to 1886 Thomas Cain died in Jefferson county, intestate, leaving surviving him a widow, Margaret Cain, then and until her death an adjudged lunatic, and three adult children, John Cain, Ellen Cain and Mary A. Cain, who were his only heirs at law*. In 1886 his three children sold and by deed conveyed to the Kentucky & Indiana Bridge Company a certain tract of ground in the city of Louisville at the agreed price of $1,500, cash in hand paid. By a covenant expressed in the deed the grantors warranted the title conveyed “against all claims and…
2Cases cited3 opinions
- Morton's Exrs. v. Morton's Exr.Court of Appeals of Kentucky · 1902
- Wilson v. EwingCourt of Appeals of Kentucky · 1881
- Martin, Cobb & Co. v. Curd's adm'rCourt of Appeals of Kentucky · 1866
3Cited by3 opinions
- Wyly v. KallenbachCourt of Appeals of Kentucky (pre-1976) · 1934
- Clore's Administrator v. CloreCourt of Appeals of Kentucky (pre-1976) · 1926
- Eastwood v. SiskCourt of Appeals of Kentucky · 1907