Kentucky Distilleries & Warehouse Co. v. Blanton
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Kentucky. This is a bill to compel specific performance of a contract for the" sale and purchase of the Edgewater Distillery Plant, located in Harrison county, Ky., and certain personal property connected with its operation and business.
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Appeal from the Circuit Court of the United States for the Eastern District of Kentucky. This is a bill to compel specific performance of a contract for the" sale and purchase of the Edgewater Distillery Plant, located in Harrison county, Ky., and certain personal property connected with its operation and business. Preliminary negotiations resulted in a contract bearing date of April 6, 1899. The vendor in the agreement is J. I. Blanton, as assignee under a deed, of general assignment made by the T. J. Megibben Company, a corporation organized under the laws of Kentucky. The vendee is the…
1Opinion of the CourtLurton, Circuit Judge
The errors which have been urged in the decree of the court below will be considered in the order in which the points have been presented by the learned counsel for appellant.
1. It is sard that Blanton, as an assignee under a general assignment for benefit of creditors, had no power to make a private sale of the real estate included in the assignment, and that a title resting upon such a sale, although confirmed by the county court, is not such a title as the Kentucky Distilleries Company can be required to take. The deed of assignment to Blanton directs him to sell all of the property, real…
2Cases cited16 opinions
- Marble Co. v. RipleySupreme Court of the United States · 1870
- Willard v. TayloeSupreme Court of the United States · 1870
- Moore v. CrawfordSupreme Court of the United States · 1889
- Cheney v. LibbySupreme Court of the United States · 1890
- Hepburn and Dundas's Heirs v. Dunlop & Co.Supreme Court of the United States · 1816
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3Cited by6 opinions
- Chandler v. GaultWisconsin Supreme Court · 1923
- Robb v. CrawfordCourt of Appeals for the D.C. Circuit · 1926
- Empire Gas & Fuel Co. v. SternCourt of Appeals for the Eighth Circuit · 1926
- United States Gypsum Co. v. Mackey Wall Plaster Co.Court of Appeals for the Ninth Circuit · 1918
- Gregory v. KeenanDistrict Court, D. Oregon · 1919
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