Marks v. Tichenor
Court of Appeals of Kentucky
Case 66 — PETITION EQUITY APPEAL FROM M’LEAN CIRCUIT COURT. Brief not in record. The purchaser of real property by executory contract is the equitable-owner of it, and has to sustain any accidental loss of buildings on the: premises that may occur after the purchase, and before the conveyance of the legal title, unless there be an agreement by the vendor to deliver the property in the same condition as when the purchase was made.
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Case 66 — PETITION EQUITY APPEAL FROM M’LEAN CIRCUIT COURT. Brief not in record. The purchaser of real property by executory contract is the equitable-owner of it, and has to sustain any accidental loss of buildings on the: premises that may occur after the purchase, and before the conveyance of the legal title, unless there be an agreement by the vendor to deliver the property in the same condition as when the purchase was made. (Coombs v. Fisher, 3 Bibb, 51; Johnson and Wife v. Jones, 12 B. M., 328; Sugden on Vendors, 174; 2 Pow. on Contracts, 61; Payne v. Miller, 2 Yes., Jr., 349; Gen.…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPISTOST OE THE COURT.
Appellee having sold and, by deed executed October-24, 1884, conveyed to appellants three tracts of land adjoining and constituting one farm, instituted an action to recover judgment on the notes given for the purchase money, and to subject the land to satisfy it.
In defense, appellants state that the deed as written does not contain the whole contract entered into between the parties, but a portion of it was by mistake omitted, and that they accepted ■ the deed upon the condition, of the execution by appellee of the following writing,, which…
2Cases cited2 opinions
- Combs v. FisherCourt of Appeals of Kentucky · 1813
- Calhoon v. BeldenCourt of Appeals of Kentucky · 1868
3Cited by7 opinions
- Sheehy v. ScottSupreme Court of Iowa · 1905
- State ex rel. Trimble v. Superior CourtWashington Supreme Court · 1903
- Maudru v. HumphreysWest Virginia Supreme Court · 1919
- Cottingham v. Fireman's Fund InsuranceCourt of Appeals of Kentucky · 1890
- McGinley v. ForrestNebraska Supreme Court · 1921
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