Malone v. Conn
Court of Appeals of Kentucky
Case 16 — PETITIONS EQUITY APPEALS FROM LOUISVILLE CHANCERY COURT. 1. Specific performance should never be compelled, unless an undoubted, good and marketable title can be made. (2 Warvelle on Vendors, p. 760; Bawle on Covenants of Title, sec. 32; Jeffries v. Jeffries, 117 Mass., 184; Bichmond v. Gray, 3 Allen, 523; Griffin v. Cunningham, 19 Grat. (Va.), 571; Morgan v. Morgan, 2 Wheaton, 290; Gill v. Wells, 59 Mo., 492; Kelly v. Bradford, 3 Bibb, 317; Lyon v. Swayne, 67 Pa.
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Case 16 — PETITIONS EQUITY APPEALS FROM LOUISVILLE CHANCERY COURT. 1. Specific performance should never be compelled, unless an undoubted, good and marketable title can be made. (2 Warvelle on Vendors, p. 760; Bawle on Covenants of Title, sec. 32; Jeffries v. Jeffries, 117 Mass., 184; Bichmond v. Gray, 3 Allen, 523; Griffin v. Cunningham, 19 Grat. (Va.), 571; Morgan v. Morgan, 2 Wheaton, 290; Gill v. Wells, 59 Mo., 492; Kelly v. Bradford, 3 Bibb, 317; Lyon v. Swayne, 67 Pa. St., 439; Pratt v. Eby, 67 Pa. St., 404.) 2. Courts of equity have no inherent jurisdiction to sell property of persons…
1Opinion of the Court
JUDGE PBYOB
delivered the opinion op the court.
These cases involve the same question and are considered together.
These were actions below to enforce the execution of contracts fór the sale of realty by which the vendors bound themselves to make a good title. The defense is, a want of title in the vendor, or such a title as the purchaser should not be required to accept.
Mrs. Winstanly owned this land in fee, and dying, the land descended to her four children — two of whom are now infants. Iler husband, the father of these children, became tenant by the curtesy. He held, therefore, an estate for…
2Cases cited1 opinion
- Kean v. TilfordCourt of Appeals of Kentucky · 1884
3Cited by18 opinions
- Cammack v. AllenCourt of Appeals of Kentucky · 1923
- Vickers v. VickersCourt of Appeals of Kentucky · 1920
- Atherton v. WarrenCourt of Appeals of Kentucky · 1905
- Hatterich v. BruceCourt of Appeals of Kentucky · 1912
- Berry v. LewisCourt of Appeals of Kentucky · 1904
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