Ricketts v. Louisville, &c., Railway Co.
Court of Appeals of Kentucky
Case 39 — PETITION ORDINARY — APPEAL FROM MEADE CIRCUIT COURT. 1. By the deed alone is the court enabled to know the intention of the contracting parties. (Brown v. Parish, 2 Dana, 9.) 2. As the parties understood the contract, and its conditions are not unlawful, the court will enforce it, although it may seem absurd.
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Case 39 — PETITION ORDINARY — APPEAL FROM MEADE CIRCUIT COURT. 1. By the deed alone is the court enabled to know the intention of the contracting parties. (Brown v. Parish, 2 Dana, 9.) 2. As the parties understood the contract, and its conditions are not unlawful, the court will enforce it, although it may seem absurd. (Huff v. Thomas, 1 Mon, 160; Hatcher v. Andrews, 5 Bush, 566; Parrish v. Vaughan, 12 Bush, 99; Spurrier’s Heirs v. Parker, &c., 16 B. M., 275.) 3. It is the rule at common law, that if the conditions are subsequent, and he not performed, the grantor, after having quit the…
1Opinion of the CourtChief Justice Holt
December 15, 1884, the appellant, Agnes Ricketts, executed to her son, James Ricketts, a deed to a tract of land, which contained this provision:
“I hereby reserve to myself the power to revoke and annul this conveyance at any time during my natural life by a deed or other instrument under seal, signed and acknowledged by me as deeds of land are required by the statutes of Kentucky to be signed and acknowledged, which said revocation, to be valid and effectual, must be lodged for record in the said county clerk’s office of Meade county in my life-time. In the event of my exercising the said…
2Cited by10 opinions
- Stamper v. VenableTennessee Supreme Court · 1906
- St. Louis County National Bank v. FielderSupreme Court of Missouri · 1953
- Dorr v. Chesapeake & Ohio Railway Co.West Virginia Supreme Court · 1916
- Totten v. Pocahontas Coal & Coke Co.West Virginia Supreme Court · 1910
- German Evangelical Protestant Congregation of the Church of the Holy Ghost v. SchreiberSupreme Court of Missouri · 1919
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