Legal Opinion

Jones v. Prewitt

Court of Appeals of Kentucky

Decided March 19, 1908PublishedCited by 6 opinions

CASE 51. — ACTION BY LIZZIE T. PREWITT AGAINST W. Y. JONE'S FOR SPECIFIC PERFORMANCE OF A CON-CONTRACT. — Appeal from Clark Circuit Court. James M. Benton, Circuit Judge. Judgment for plaintiff. Defendant appeals. — The judgment in the railroad condemnation proeéeding 'did not stop with adjudging that the railroad company was entitled to the possession of the land as provided in section 839 of the Ky.

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CASE 51. — ACTION BY LIZZIE T. PREWITT AGAINST W. Y. JONE'S FOR SPECIFIC PERFORMANCE OF A CON-CONTRACT. — Appeal from Clark Circuit Court. James M. Benton, Circuit Judge. Judgment for plaintiff. Defendant appeals. — The judgment in the railroad condemnation proeéeding 'did not stop with adjudging that the railroad company was entitled to the possession of the land as provided in section 839 of the Ky. Statute, hut enlarged upon this and further adjudged that the railroad was the owner of the land. We contend that appellee having accepted payment for the land, under a judgment which said that…

1Opinion of the Court

Opinion of the Court by

Judge Carroll.

Reversing.

On March 13, 1906, the parties to this controversy entered into the following.contract: “This contract witnesseth.:. I have this day bought of Lizzie • T. Prewitt.all of that part of. her Weathers farm that lies-: north of the line that we have agreed upon, said line begins, at a point on-the Clontonsville pike a-little' north of where three locust trees- stand] and runs in.an-*498easterly direction to a point a little south of a walnut tree in Van Meter’s line. I agree to pay for said land at the rate of one hundred dollars per acre, the whole…

2Cases cited2 opinions

  1. Butt v. RiffeCourt of Appeals of Kentucky · 1880
  2. Woollums v. HorsleyCourt of Appeals of Kentucky · 1892

3Cited by6 opinions

  1. Bean v. BrownCourt of Appeals of Kentucky · 1924
  2. Rogers Bros. Coal Company v. DayCourt of Appeals of Kentucky (pre-1976) · 1927
  3. Bluegrass Realty Co. v. SheltonCourt of Appeals of Kentucky · 1912
  4. Louisville Soap Co. v. Louisville Cotton Oil Co.Court of Appeals of Kentucky · 1916
  5. Faulkner v. DennistonCourt of Appeals of Kentucky (pre-1976) · 1933

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