Owings v. Tucker
Court of Appeals of Kentucky
Case 48 — PETITION EQUITY APPEAL FROM MONTGOMERY CIRCUIT COURT. The presumption is that a deed beneficial to the grantee has been accepted by him. (Davenport v. Prewitt, 9 B. M., 94; Eisher’s Adm’r v. Hess, 9 B. M., 617-18.) 1. It is essential to the validity of a deed that there should be an actual acceptance by the grantee, or something equivalent to it.
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Case 48 — PETITION EQUITY APPEAL FROM MONTGOMERY CIRCUIT COURT. The presumption is that a deed beneficial to the grantee has been accepted by him. (Davenport v. Prewitt, 9 B. M., 94; Eisher’s Adm’r v. Hess, 9 B. M., 617-18.) 1. It is essential to the validity of a deed that there should be an actual acceptance by the grantee, or something equivalent to it. The presumption that a party will accept a deed because it is beneficial to him will not be carried so far as to consider him as having accepted it. (Davenport v. Prewett’s Adm’r, 9 B. M., 94; Commonwealth, Thompson’s Heirs v. Jackson, &c.,…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion op the court.
In 1853 David L. Jones deeded jointly to his children as a gift his home tract of land, containing four hundred and seventy-five acres, reserving the right of maintenance out of the land. H. L. Jones was an infant son of the donor, and was one of the donees. In 1859 David L. Jones divided this land between said children, and made each a deed to his part, deducting previous advancement's from his interest. David L. Jones conveyed by deed the part designed for H. L. Jones to him for life, remainder to his children. Several years thereafter the…
2Cited by7 opinions
- Bunnell v. BunnellCourt of Appeals of Kentucky · 1901
- Justice v. PetersCourt of Appeals of Kentucky · 1916
- Morrison v. FletcherCourt of Appeals of Kentucky · 1905
- Ward v. Rittenhouse Coal Co.Court of Appeals of Kentucky · 1913
- Combs v. IsonCourt of Appeals of Kentucky · 1916
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