Legal Opinion

Fort Jefferson Improvement Co. v. Dupoyster

Court of Appeals of Kentucky

Decided June 15, 1899PublishedCited by 9 opinions

Cash 106 — Action to Recover Balance of Purchase Monet on Land APPEAL FROM BALLARD CIRCUIT COURT. Joe. C. Dupoyster, in Ms own right, and as administrator of Ben, S. Dupoyster, sued the Fort Jefferson Improvement Company to recover the balance of the purchase price of land.

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Cash 106 — Action to Recover Balance of Purchase Monet on Land APPEAL FROM BALLARD CIRCUIT COURT. Joe. C. Dupoyster, in Ms own right, and as administrator of Ben, S. Dupoyster, sued the Fort Jefferson Improvement Company to recover the balance of the purchase price of land. Judgment Resoinding the Contract of Sale, but Refusing to Give Defendant a Lien on the Land for the Purchase Money Paid, From Which Judgment the Defendant Appeals. 1. The court will find as a matter of fact fronl the evidence that on the 16th of March, 1859, the whole of the Todd survey was iu the actual adverse possession…

1Opinion of the Court

Opinion op the court by

CHIEF JUSTICE HAZEHRIG-G

Reversing.

It is the contention of appellee that, claiming under paper title from one Langdon and others, Thomas Dupoys-ter and his son Joe C., settled in 1848! upon the tract of land in controversy, containing some 3,600 acres, in Ballard and Carlisle counties; that they occupied a small poriion of the land that was cleared, made some little improvements, cut timber, and cleared a few more acres of land, and asserted their ownership to the entire tract. Appellee further contends that on March 16, 1859,, Thomas Dupoyster, who had three children…

2Cases cited1 opinion

  1. Luen v. WilsonCourt of Appeals of Kentucky · 1887

3Cited by9 opinions

  1. Ft. Jefferson Improvement Co. v. DupoysterCourt of Appeals of Kentucky · 1902
  2. Ratliffe v. RatliffeCourt of Appeals of Kentucky · 1918
  3. Stone v. Board of Prison CommissionersCourt of Appeals of Kentucky · 1915
  4. Meade v. RatliffCourt of Appeals of Kentucky · 1909
  5. Bentley v. Consolidation Coal CompanyCourt of Appeals of Kentucky (pre-1976) · 1925

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