Gaines' administratrix v. Poor
Court of Appeals of Kentucky
CASE 10 — PETITION ORDINARY — APPEAL PROM GREEN CIRGUIT COURT. cited Civil Code, sec. 144; lb., sec. 125, sub-div. 3 ; 2 Story's Eq., sec. 1427, and authorities referred to in note 1; lb., sec. 1428; 1 Parsons on Contracts, pages 298, 299, 300, and notes d, e, /; 3 Marsh., 302; 4 Mon., 371 ; 7 J. J. Mar., 12; Civil Code, sections 4, 7, 9, sub-div. 2. cited 2 Bibb, 170; 3 Mon., 95 ; 5 Mon., 582 ; 6 Mon., 41 ; 7 J. J. Mar., 164; 2 Dana, 465; 1 Met., 239 ; 2 Marsh., 83 ; 2…
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CASE 10 — PETITION ORDINARY — APPEAL PROM GREEN CIRGUIT COURT. cited Civil Code, sec. 144; lb., sec. 125, sub-div. 3 ; 2 Story's Eq., sec. 1427, and authorities referred to in note 1; lb., sec. 1428; 1 Parsons on Contracts, pages 298, 299, 300, and notes d, e, /; 3 Marsh., 302; 4 Mon., 371 ; 7 J. J. Mar., 12; Civil Code, sections 4, 7, 9, sub-div. 2. cited 2 Bibb, 170; 3 Mon., 95 ; 5 Mon., 582 ; 6 Mon., 41 ; 7 J. J. Mar., 164; 2 Dana, 465; 1 Met., 239 ; 2 Marsh., 83 ; 2 Bright's Husband and Wife, 210; lb., 321; Clancy's Husband and Wife, 1 and 9; 7 B. Mon., 392; McClure vs. McKee, 14 B. Mon.;…
1Opinion of the Court
JUDGE BULLITT
delivered the opinion of the court:
In 1837, serious disagreements having arisen between Thos. Gaines and his wife, a contract was made between said Gaines, of the one part, and the appellee, Poor, and Jacob Spears, as his surety, of the other, in which it was recited that said Gaines and his wife “have separated, and both desiring to be free from any duty or obligation or charge to eách other have come to the following agreement, to-wit: that hereafter they will live separate and apart from each other, and that as to their estate the following agreement is made: that said Thomas…
2Cases cited2 opinions
- Dougherty v. Duvall's HeirsCourt of Appeals of Kentucky · 1848
- Short v. BryantCourt of Appeals of Kentucky · 1849
3Cited by16 opinions
- Sumner v. SumnerSupreme Court of Georgia · 1904
- Edleson v. EdlesonCourt of Appeals of Kentucky · 1918
- Stratton v. WilsonCourt of Appeals of Kentucky · 1916
- Watson v. BurnleySupreme Court of Georgia · 1920
- Mechanics' Savings Bank v. WaiteMassachusetts Supreme Judicial Court · 1889
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