Miller v. Hart
Court of Appeals of Kentucky
CASE 56. — ACTION BY ALONZO MILLER AGAINST MARY J. HART TO ENFORCE A CONTRACT FOR THE SALE OF LAND. — March. 29. Appeal from McCracken Circuit Court. W. M. E-BED, Circuit Judge. Judgment for defendant. Plaintiff appeals. POINTS DISCUSSED, AND AUTHORITIES. 1. The word “term,” as used in section 470, sub-section 6, Kentucky Statutes, is a technical designation, meaning a defiinite period of time, having a precise beginning and end.
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CASE 56. — ACTION BY ALONZO MILLER AGAINST MARY J. HART TO ENFORCE A CONTRACT FOR THE SALE OF LAND. — March. 29. Appeal from McCracken Circuit Court. W. M. E-BED, Circuit Judge. Judgment for defendant. Plaintiff appeals. POINTS DISCUSSED, AND AUTHORITIES. 1. The word “term,” as used in section 470, sub-section 6, Kentucky Statutes, is a technical designation, meaning a defiinite period of time, having a precise beginning and end. An estate for life- is not a “term;” and a renting for life at a fixed sum, to he paid annually, is not a renting for a “term.” (See Tieder-man on Real Property,…
1Opinion of the Court
*496OPINION OP THE COURT BY
ChIEP JUSTICE HOBSON
Affirming.
Some years ago John M. Hart died testate, a resident of McCfaeken county, owning a tract of 215 acres of land. He devised the land to his widow for life, and the remainder in fee to his four children. After his death a division of the land was made between the children, subject to the life estate of the mother. In this division Samuel Hart, one of the sons, received 52% acres. After this Samuel Hart died, leaving three children^ Appellant, Alomo Miller, learning that they desired to sell the 52%-acre tract, made an arrangement with them to…
2Cases cited2 opinions
- Dean v. CassidayCourt of Appeals of Kentucky · 1889
- Dickey v. DickinsonCourt of Appeals of Kentucky · 1899
3Cited by3 opinions
- Cannon v. CarrCourt of Appeals of Kentucky (pre-1976) · 1943
- Cincinnati Distributing Co. v. Sherwood & Sherwood Commercial Co.Court of Appeals for the Ninth Circuit · 1921
- Ellis v. EllisCourt of Appeals of Kentucky · 1955