Marshall v. Marshall
Court of Appeals of Kentucky
CASE 50 — PETITION EQUITY APPEAL EROH LOUISVILLE CHANCERY COURT. CTTED— Act of February 26, 1868, to enlarge the jurisdiction of the Louisville chancery court, Scss. Acts, 24. 1 Duvall, 349 ; Thornton vs. McGrath. 2 Duvall, 508; Woodcock, ¿fe., vs. Bowman. Revised Statutes, chap. 86. Sugdcn on Vendors, p. 419, secs. 9 and 15 to 21. United States Equity Digest, 322, 506 — “Special Performance" and “Rescission."
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CASE 50 — PETITION EQUITY APPEAL EROH LOUISVILLE CHANCERY COURT. CTTED— Act of February 26, 1868, to enlarge the jurisdiction of the Louisville chancery court, Scss. Acts, 24. 1 Duvall, 349 ; Thornton vs. McGrath. 2 Duvall, 508; Woodcock, ¿fe., vs. Bowman. Revised Statutes, chap. 86. Sugdcn on Vendors, p. 419, secs. 9 and 15 to 21. United States Equity Digest, 322, 506 — “Special Performance" and “Rescission." Constitution of Kentucky, sec. 40, art. 4, and sec. 37, art. 2. 2 Peters, 380; Satterlee vs. Matthcioson. 8 Peters, 88; Watson vs. Mercer. 3 McLean, 212 ; Milne vs. Huber. 2 Peters, 413…
1Opinion of the CourtChief Justice Williams
This was a decretal sale of real estate at Louisville which descended from John Marshall, deceased, to his children and heirs-at-law, some of whom were minors.
The proceedings were irregular in not complying with the requisites of chapter 86 of our Revised Statutes.
Subsequently to the sale, and prior to the enactment of the enabling statute of February 26, 1868, some of the purchasers entered their several motions to vacate the sale, because of such irregularities, and some entered their motion subsequently.
After said enactment, Crawford, who appeared as guardian for the minor heirs, hied…
2Cited by2 opinions
- Hulsewede v. Churchman's Extx.Court of Appeals of Kentucky · 1901
- Smizer v. InskeepCourt of Appeals of Kentucky · 1884