Louisville, Railway Co. v. Taylor
Court of Appeals of Kentucky
Case 39 — PETITION EQUITY — APPEAL FROM DAVEISS CIRCUIT COURT. 1. The alleged contract between the appellant and the appellee having been disaffirmed by the appellant, the appellee, in seeking to recover the land over which the right of way was given, instead of bringing an action upon the contract, in effect accepted the disaffirmance, whereby the contract is annulled, and the appellee should not have been permitted to file an amended petition relying upon the rescu ded…
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Case 39 — PETITION EQUITY — APPEAL FROM DAVEISS CIRCUIT COURT. 1. The alleged contract between the appellant and the appellee having been disaffirmed by the appellant, the appellee, in seeking to recover the land over which the right of way was given, instead of bringing an action upon the contract, in effect accepted the disaffirmance, whereby the contract is annulled, and the appellee should not have been permitted to file an amended petition relying upon the rescu ded contract. (2 Parsons on Contracts, 812, 7th ed.; Bouvier’s Law Diet., 468, and cases cited; Súber v. Pullin, 1 S. C., 273;…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OE THE COURT.
May 17, 1887, E. P. Taylor conveyed to Louisville, 3t. Louis and Texas Railway Company a right of way over a strip of land through three adjacent tracts of 197, 180 and 98 acres, upon which its railroad, extending from Louisville to Henderson, was located. But May, 1891, he brought an action to recover said strip, although the entire line of road had then been completed and was in operation.
In his petition he stated substantially that the consideration for the conveyance expressed in the writing was that defendant agreed to build and keep in…
2Cases cited1 opinion
- Louisville, &c., Railroad Co. v. NeafusCourt of Appeals of Kentucky · 1892
3Cited by7 opinions
- Perry v. Eagle Coal Co.Court of Appeals of Kentucky · 1916
- Whiteley v. Central Trust Co. of New YorkCourt of Appeals for the Sixth Circuit · 1896
- Edwards-Barnard Co. v. PflanzCourt of Appeals of Kentucky · 1903
- Louisville, A. & P. V. Electric Ry. Co. v. WhippsCourt of Appeals of Kentucky · 1904
- Beatty v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1917
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