Legal Opinion

Prather v. Davis

Court of Appeals of Kentucky

Decided October 13, 1877PublishedCited by 2 opinions

CASE 30 — PETITION EQUITY APPEAL EROM LOUISVILLE CHANCERY COURT. The chancellor has no jurisdiction to order the sale of a leasehold estate, or any chattel, real or personal, on the petition of the owner of an 'undivided half thereof against the owner of the other half, and divide the proceeds, on the ground alone that the property is not susceptible of division. By purchasing each one half o>f the leasehold, the appellant and appellee became part owners, but not partners.

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CASE 30 — PETITION EQUITY APPEAL EROM LOUISVILLE CHANCERY COURT. The chancellor has no jurisdiction to order the sale of a leasehold estate, or any chattel, real or personal, on the petition of the owner of an 'undivided half thereof against the owner of the other half, and divide the proceeds, on the ground alone that the property is not susceptible of division. By purchasing each one half o>f the leasehold, the appellant and appellee became part owners, but not partners. If the leasehold were land, and not susceptible of division, it might be sold under sec. 6, art. 5, ch. 63, General…

1Opinion of the Court

JUDGE COFER

delivered the orinion oe the court.

The sole question for decision in this case is, whether the chancellor has power to decree the sale of a lease for years held by tenants in common, and which is not susceptible of division.

The statute authorizes real estate held by tenants in common to be partitioned, and if it be not divisible without materially depreciating its value, it may be sold by judgment of the court and the proceeds divided.

But a lease for years is not real, but personal estate. (Sec. 13, chap. 21, General Statutes.)

There is therefore no statutory power to sell a lease…

2Cases cited1 opinion

  1. Coleman v. HutchensonCourt of Appeals of Kentucky · 1813

3Cited by2 opinions

  1. Purcell v. City of LexingtonCourt of Appeals of Kentucky · 1919
  2. Dyer v. OwensCourt of Appeals of Kentucky · 1924

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