Wallace v. Smith
Court of Appeals of Kentucky
Case 37 — Agreed Case Between Thomas B. Smith and Abethei. Wallace, &c. to Enforce a Contract for the -Sale of Land AND FOR THE CONSTRUCTION OF A WILL. APPEAL FROM TRIGG CIRCUIT COURT. Judgment for Smith and Wallace and Others Appeal.
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Case 37 — Agreed Case Between Thomas B. Smith and Abethei. Wallace, &c. to Enforce a Contract for the -Sale of Land AND FOR THE CONSTRUCTION OF A WILL. APPEAL FROM TRIGG CIRCUIT COURT. Judgment for Smith and Wallace and Others Appeal. The eighty acres of land in controversy was willed to appellee, Thomas B. Smith by his father, with the proviso, “that he shall not pledge, mortgage or sell the eighty acres of land, hereby given to him, nor any part thereof, until he is thirty-five years old.” The lower court held that this is not a restriction, limitation or incumbrance on the land, or on the…
1Opinion of the Court
Opinion of the court by
CHIEF JUSTICE G-UFFY
Reversing.
This appeal is prosecuted from a judgment of the circuit court of Trigg county in the suit of Thomas D. Smith against Alexander Wallace, etc. The case was really an agreed *264one, the object being to obtain a construction of the second and third clauses of the will of Hezeki'ali Smith. The appellee having conditionally sold the land in question to the appellants, the agreed case was submitted to the circuit judge, who rendered a judgment in effect holding that the •appellee could pass perfect title to the land in question, subject only to the…
2Cases cited7 opinions
- Cowell v. Springs Co.Supreme Court of the United States · 1879
- Andrews v. SpurlinIndiana Supreme Court · 1871
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- Stewart v. BradyCourt of Appeals of Kentucky · 1868
- Stewart v. BarrowCourt of Appeals of Kentucky · 1870
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