Alexander v. de Kermel
Court of Appeals of Kentucky
Case 54 — EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. The judgment of the chancellor sustaining the demurrer to the first paragraph of the petition was a final order, which might have been appealed from, and, after the expiration of sixty days, was beyond the control even of the court which rendered it. The vice chancellor had no power to vacate or modify it, even within sixty days.
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Case 54 — EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. The judgment of the chancellor sustaining the demurrer to the first paragraph of the petition was a final order, which might have been appealed from, and, after the expiration of sixty days, was beyond the control even of the court which rendered it. The vice chancellor had no power to vacate or modify it, even within sixty days. (Civil Code, secs. 772 and 777; Young v. Peters, 4 Bush, 403; Dudley v. Kentucky High School, 9 Bush, 576; Freeman on Judgments, sec. 267.) 2. The common law rule that where one grants an estate to another…
1Opinion of the CourtChief Justice Hargis
This was an action by appellees for the construction of a deed of trust made by Thomas Bullitt Alexander in 1856, and of his will made in 1878, while in the Republic of France, at the appellees’ home, whither he had gone some time after the American civil war, and where he virtually enjoyed their hospitality and kindly offices for several years preceding his death.
By the deed of 1856 he conveyed a lot and warehouse thereon to Wilson in trust for his own use during life, and to his issue, if any, in fee; if none, then in equal parts to two half brothers, or the survivor, or to the issue of…
2Cases cited5 opinions
- Ross v. RossCourt of Appeals of Kentucky · 1860
- Cooper v. JacksonWisconsin Supreme Court · 1856
- Bell v. Farmers' BankCourt of Appeals of Kentucky · 1874
- January v. Mansell's administratorCourt of Appeals of Kentucky · 1817
- Skillman v. HamiltonCourt of Appeals of Kentucky · 1867
3Cited by34 opinions
- Doctor v. . HughesNew York Court of Appeals · 1919
- McCune v. GoodwillieSupreme Court of Missouri · 1907
- Bunnell v. BunnellCourt of Appeals of Kentucky · 1901
- Kirby v. HuletteCourt of Appeals of Kentucky · 1917
- Powell v. PearsonSupreme Court of Alabama · 1929
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