Maize v. Bowman
Court of Appeals of Kentucky
Case 33 — PETITION ORDINARY APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. 1. When Maize bought the mare at judicial sale, he acquired a good title« to the foal she was then carrying. The doctrine of Partus Sequitur Ventrem is in force in Kentucky. (2 Blaekstone, 390; Hughes v. Graves 1 Litt., 317; Bernard’s Ex’r v. Chiles, 7 Dana, 22; Eorman v. Procter, 9 B. M., 126; Osborn v. Taylor, 9 Ky. Law Rep., 495; Eowler v. Merrill, 11 Howard, 396; Backhouse’s Admr. v. Jett., 1 Brock.
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Case 33 — PETITION ORDINARY APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. 1. When Maize bought the mare at judicial sale, he acquired a good title« to the foal she was then carrying. The doctrine of Partus Sequitur Ventrem is in force in Kentucky. (2 Blaekstone, 390; Hughes v. Graves 1 Litt., 317; Bernard’s Ex’r v. Chiles, 7 Dana, 22; Eorman v. Procter, 9 B. M., 126; Osborn v. Taylor, 9 Ky. Law Rep., 495; Eowler v. Merrill, 11 Howard, 396; Backhouse’s Admr. v. Jett., 1 Brock. C. C., 511. 2. The alleged contract between the Bowman boys was executory only, and for something not in esse and was…
1Opinion of the Court
CHTEB JUSTICE HOLT
deliveeed the opinion of the cohet.
In March 1886, Howard Bowman delivered a mare belonging to him to the appellee, Hite Bowman, under verbal agreement based upon a valuable- consideration, by which the latter was to breed her at his own expense, and. keep her until the colt, which was to belong to him, was-foaled and weaned, when the mare was to be returned toller owner. Subsequently the appellant, William Maize,. *208.a creditor of Howard Bowman, had the mare levied upon and sold, she being then with foal.
Public notice was given at the sale of Hite Bowman’s •claim, to the…
2Cited by8 opinions
- First National Bank v. EichmeierSupreme Court of Iowa · 1911
- Illinois Surety Co. v. MitchellCourt of Appeals of Kentucky · 1917
- Roberts v. MossCourt of Appeals of Kentucky · 1907
- Turner v. BegleyCourt of Appeals of Kentucky (pre-1976) · 1931
- Frank v. SymonsMontana Supreme Court · 1907
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