Ft. Jefferson Improvement Co. v. Dupoyster
Court of Appeals of Kentucky
Case 94 — Action by Jos. C. Dupoyster in His own Bight and as Administrator of Ben S. Dupoyster against the Ft. Jefferson Improvement Co. and Others to Enforce a Purchase Money Lien on Land. — APPEAL FROM BALLARD CIRCUIT COURT. Judgment Rescinding Contract of Sale and Adjusting Equities, and the Ft. Jefferson Improvement Co. and Others Appeal. This is the second appeal of this case.
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Case 94 — Action by Jos. C. Dupoyster in His own Bight and as Administrator of Ben S. Dupoyster against the Ft. Jefferson Improvement Co. and Others to Enforce a Purchase Money Lien on Land. — APPEAL FROM BALLARD CIRCUIT COURT. Judgment Rescinding Contract of Sale and Adjusting Equities, and the Ft. Jefferson Improvement Co. and Others Appeal. This is the second appeal of this case. The opinion of the court when the ease was here before, is reported in 108 Ky., 792 (21 R., 515) (51 S. W„ 810) on the return of the case J. M, Benton filed proof of his appointment as receiver of the Ft.…
1Opinion of the Court
Opinion or the court by
JUDGE PAYNTER.
This is the second appeal of the case to this court. The opinion delivered on the former appeal is found in 108 Ky., 792 (21 R., 515), (51 S. W., 810, 48 L. R. A., 537). The court decided: (1) That by the deed of Thomas Dupoyster, made in 1859, his son Ben S. Dupoyster took a life estate in the land conveyed, and that the children of J. C. Dupoyster, as *798they were born, took vested remainders. (2) That Ben Dupoyster, claiming under the deed of 1859, purchased adverse claims and was holding under this deed at the time it was sold to the appellants. (8) That…
2Cases cited2 opinions
- Meacham v. GrahamTennessee Supreme Court · 1897
- Fort Jefferson Improvement Co. v. DupoysterCourt of Appeals of Kentucky · 1899
3Cited by16 opinions
- Illinois Surety Co. v. MitchellCourt of Appeals of Kentucky · 1917
- Hughes v. ThomasWisconsin Supreme Court · 1907
- Southern Exchange Bank v. American Surety Co. of New YorkCourt of Appeals of Kentucky (pre-1976) · 1940
- Tucker v. NicholsonCalifornia Supreme Court · 1938
- Federal Land Bank v. MarvinCourt of Appeals of Kentucky (pre-1976) · 1929
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