Galbraith v. Gedge & Bros.
Court of Appeals of Kentucky
APPEAL PROM KENTON CIRCUIT. The facts of the case are stated in the opinion of the court. Rep. The question presented in this record is one which has been differently decided by different courts. The circuit judge seems to regard it as a settled question, that real estate held as partnership stock, is to be considered as converted into personalty, as between the heir and administrator of the deceased partner.
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APPEAL PROM KENTON CIRCUIT. The facts of the case are stated in the opinion of the court. Rep. The question presented in this record is one which has been differently decided by different courts. The circuit judge seems to regard it as a settled question, that real estate held as partnership stock, is to be considered as converted into personalty, as between the heir and administrator of the deceased partner. At law, real estate belonging to partners, and employed in the business of the partnership, and the title in the joint names of the partners, will be treated and held as a tenancy in…
1Opinion of the Court
Judge Crenshaw
delivered the opinion of the Court.
It appears that F. G. Gedge, J. C. Gedge, C. H. Gedge, and W. H. Gedge were partners, dealing in tobacco and real estate, under the name and style of Gedge & Brothers. F. G. Gedge departed this life on the — day of-, and, at the time of his death, the firm were the owners of the parcel of land in controversy, which was subsequently sold by the survivors to the plaintiff, Galbraith, and bond was executed by them to convey with general warranty. This suit is brought by Galbraith against the surviving partners, and against the widow, children, and…
2Cited by7 opinions
- Lenow v. FonesSupreme Court of Arkansas · 1886
- Reynolds v. RuckmanMichigan Supreme Court · 1876
- Cornwall v. CornwallCourt of Appeals of Kentucky · 1869
- Lowe v. LoweCourt of Appeals of Kentucky · 1878
- Perin v. MegibbenCourt of Appeals for the Sixth Circuit · 1892
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