Morton v. Dickson
Court of Appeals of Kentucky
Case 91 — PETITION ORDINARY APPEAL PROM MASON CIRCUIT COURT. 1. The interest of a vendor in land that he has sold but not convoyed is subject to execution, although the vendee has entered into possession under the contract of sale. (Riley v. Million, 4 J. J. Mar., 395; Million v. Riley, 1 Dana, 359; Butts v. Chinn, 4 J. J. Mar., 641.) The possession of a vendee under an executory contract of purchase is presumptively not adverse to the vendor.
Read the full summary
Case 91 — PETITION ORDINARY APPEAL PROM MASON CIRCUIT COURT. 1. The interest of a vendor in land that he has sold but not convoyed is subject to execution, although the vendee has entered into possession under the contract of sale. (Riley v. Million, 4 J. J. Mar., 395; Million v. Riley, 1 Dana, 359; Butts v. Chinn, 4 J. J. Mar., 641.) The possession of a vendee under an executory contract of purchase is presumptively not adverse to the vendor. (Sprigg v. Albin, 6 J. J. Mar., 162; Ogden v. Walker, 6 Dana, 421; Griffith v. Dieken, 2 B. M., 21; Craig v. Austin, 1 Dana, 518; Higgcnbotham v.…
1Opinion of the Court
JUDGE PRYOR
delivered ti-im opinion op the court.
On the 15th of September, in the year 1876, one O. P. Wright sold to John S. Dickson a tract of twenty acres of land, executing to Dickson a bond for title, by which he agreed to make to Dickson a general warranty deed to the land upon the payment of the purchase money. On the 25th of June, in the year 1885, Dickson assigned this title bond to his wife, Margaret Dickson, reciting in the assignment that the purchase money had been paid. Dickson and his wife took possession of the land, and have held it since the date of the purchase. In the year…
2Cases cited1 opinion
- Tibeau v. TibeauSupreme Court of Missouri · 1853
3Cited by5 opinions
- Weaver v. GilbertSupreme Court of Arkansas · 1949
- Louisville Trust Co. v. National BankDistrict Court, W.D. Kentucky · 1932
- Day v. MilesCourt of Appeals of Kentucky · 1924
- Gumaer v. DraperSupreme Court of Colorado · 1905
- Maschinot v. MooreCourt of Appeals of Kentucky (pre-1976) · 1938