Gossom v. McFerran
Court of Appeals of Kentucky
Case 42 — EQUITY APPEAL FROM BARREN CIRCUIT COURT. •Section 491 of the Civil Code, in so far as it authorizes a sale of the interest of an adult remainderman at the instance of the life-tenant, is unconstitutional, as it operates to deprive a citizen of his property without his consent.
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Case 42 — EQUITY APPEAL FROM BARREN CIRCUIT COURT. •Section 491 of the Civil Code, in so far as it authorizes a sale of the interest of an adult remainderman at the instance of the life-tenant, is unconstitutional, as it operates to deprive a citizen of his property without his consent. (Constitution U. S., art. 5, sec. 1; Ibid, art. 14, sec. 1; Constitution ICy., art. 13, secs. 2 and 14; 20 Wallace U. S. Bep., 655-6; 12 Bush, 22; 3 Washburn on Beal Prop, erty, sec. 2, title Grant, side-pages 538-541; Cooley’s Constitutional Limitations, p. 442, side-pages 357 and 531-533; 4 Kent’s Com.,…
1Opinion of the Court
• JUDGE HINES
delivered the opinion of the court.
Mrs. Alexander having dower-interest in a house and lot in Glasgow, sold and conveyed her interest to C. L. Hill, *237who sold it to appellee. After the sale by Mrs. Alexander,, the house was destroyed by fire, and appellee being unable-to rent the lot in its unimproved state, instituted this action against appellants, who are the owners in fee of the-remainder, seeking a sale and reinvestment under the direction of the court. Appellants objected to a sale of their interest in the land, and from a decree directing a sale and reinvestment they appeal.
2Cases cited1 opinion
- Robinson v. SwopeCourt of Appeals of Kentucky · 1876
3Cited by6 opinions
- McClure v. CrumeCourt of Appeals of Kentucky · 1910
- Lawrence E. Tierney Coal Co. v. Smith's GuardianCourt of Appeals of Kentucky · 1918
- Willis v. LapsleyCourt of Appeals of Kentucky (pre-1976) · 1931
- Curtis v. HidenSupreme Court of Virginia · 1915
- Korb v. StegeCourt of Appeals of Kentucky · 1921
1 more not listed; retrieve them via the Exa API.