McCall's Adm'r v. Hampton
Court of Appeals of Kentucky
*Case 30 — PETITION EQUITY — APPEAL FROM BOYD CIRCUIT COURT. 1. The sale of mere expectancies has been universally condemned at common law. The thing sold must have an actual or potential existence. In every case where the assignment of the expectancy has been sustained, it has been invariably coupled with a right or interest, which is not true of a mere hope of inheritance.
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*Case 30 — PETITION EQUITY — APPEAL FROM BOYD CIRCUIT COURT. 1. The sale of mere expectancies has been universally condemned at common law. The thing sold must have an actual or potential existence. In every case where the assignment of the expectancy has been sustained, it has been invariably coupled with a right or interest, which is not true of a mere hope of inheritance. (Lee’s Ex’or v. Lee, 2 Duv., 134; Grayson v. Tyler’s Adm’r, 80 Ky., 358.) 2. There being no right in existence, actually or potentially, in Wade Hampton, his attempted sale did not prejudice the levy of the attachment by…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion of the court.
The appellant, holding by assignment a certain note against Wade Hampton, instituted this action, in which an attachment was obtained and levied on what was claimed to be his interest as an heir at law in certain lands in' Boyd county which belonged to his father, 'William Hampton,, who died intestate on the 26th of August, 1889.
Charles H. Hampton, a brother of Wade Hampton, died on the 7th of February, 1889. His personal representative presented his petition in the action and was made a defendant therein. The allegations which it contains are…
2Cases cited3 opinions
- Alves v. SchlesingerCourt of Appeals of Kentucky · 1883
- Grayson v. Tyler's adm'xCourt of Appeals of Kentucky · 1882
- Wheeler's executors v. WheelerCourt of Appeals of Kentucky · 1859
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