Montjoy v. Maginnis
Court of Appeals of Kentucky
CASE 4 — PETITION EQUITY APPEAL PROM ANDERSON CIRCUIT COURT. cited 3 Mon., 171; 1 Marsh., 385; 1 Stat. Law, 496; 1 Rev. Stat., 282; 17 B. Mon., 705; 3 Met., 359; 4 /. J. M., 230; 3 Mon., 247; 1 Met., 553; 4 Dana, 552. . cited 1 Rev. Slat., 427; 1 Met., 582.
1Opinion of the Court
JUDGE WILLIAMS
delivered the opinioh or the court:
Edward Montjoy, in his lifetime, made a parol gift of a tract of land to each of his two sons, William and Edmund. He having died intestate, his heirs at law refused to execute the gift, and insist that William and Edmund should be charged for reasonable rents of their respective tracts.
It is evident that this case does not fall within the provisions of chapter 30, section 17, 1 Stanton’s Revised Statutes, 426, because it was not the rents that were'given, but the land itself; the use whereof was merely incidental to the gift. As the heirs…
2Cited by2 opinions
- Isgrigg v. IsgriggCourt of Appeals of Kentucky · 1918
- Ward v. JohnsonCourt of Appeals of Kentucky · 1906