Patterson v. Patterson
Court of Appeals of Kentucky
CASE 43. — ACTION BY JOHN PATTERSON AND OTHERS AGAINST JACOB S. PATTERSON AND OTHERS.— Appeal from Fayette Circuit Court. Watts Parker, Circuit Judge. Judgment for defendants, plaintiffs appeal. POINTS AND AUTHORITIES. 1. The land in question was not inalienable, the turnpike company having the power to convey, and it was not therefore taken out of commerce. The grantor reserved no right to herself and heirs to re-enter on the land and resume possession.
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CASE 43. — ACTION BY JOHN PATTERSON AND OTHERS AGAINST JACOB S. PATTERSON AND OTHERS.— Appeal from Fayette Circuit Court. Watts Parker, Circuit Judge. Judgment for defendants, plaintiffs appeal. POINTS AND AUTHORITIES. 1. The land in question was not inalienable, the turnpike company having the power to convey, and it was not therefore taken out of commerce. The grantor reserved no right to herself and heirs to re-enter on the land and resume possession. Kentucky Statutes, Section 2360: Carroll County Academy v. Gallatin Academy, 20 Ky. Law Rep. 824; Trustees Gen’l Assembly Presby. Church in…
1Opinion of the Court
.Opinion op the Court by
Judge Settle
Reversing-
On October 27, 1891, Nannie C. Smedley, spinster, in consideration of $1 in hand paid, sold and by deed conveyed to the Ft. Spring & Pinkard Turnpike Company, a corporation owning’ and operating a turnpike in Fayette county, a quarter of an acre of ground “for the purpose of building a house for collecting toll for said pike.” The deed also provides: “Now, it is further agreed that when said house ceases to be used for collecting toll for said pike, then and at that time the above tract of land with all buildings and fixtures to revert back to…
2Cases cited2 opinions
- Gass v. WilhiteCourt of Appeals of Kentucky · 1834
- Carroll County Academy v. Gallatin Academy Co.Court of Appeals of Kentucky · 1898
3Cited by6 opinions
- Atlantic-Pacific Oil Co. v. Gas Development Co.Montana Supreme Court · 1937
- Fayette County Board of Education v. BryanCourt of Appeals of Kentucky (pre-1976) · 1936
- Fayette County v. MortonCourt of Appeals of Kentucky (pre-1976) · 1940
- Hughes v. MillerCourt of Appeals of Kentucky · 1915
- Board of Missions of Methodist Episcopal Church v. MayoCourt of Appeals for the Sixth Circuit · 1936
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