Phillips v. Hoskins
Court of Appeals of Kentucky
CASE 38 — ACTION BY J. C. HOSKINS .AND ANOTHER AGAINST C. M. PHILLIPS TO' ENFORCE THE EXECUTION OF A CONTRACT FOR A SALE OF LAND.— Appeal from Jefferson Circuit Court (Chancery Branch, First Division). Shackelford Miller, Judge. Judgment for plaintiffs. Defendant appeals. — POINTS AND AUTHORITIES. 1. The disaffirmance by a husband of a deed executed by himself and his wife during his infancy, conveying the wife’s land, does not avoid the deed as tot he wife.
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CASE 38 — ACTION BY J. C. HOSKINS .AND ANOTHER AGAINST C. M. PHILLIPS TO' ENFORCE THE EXECUTION OF A CONTRACT FOR A SALE OF LAND.— Appeal from Jefferson Circuit Court (Chancery Branch, First Division). Shackelford Miller, Judge. Judgment for plaintiffs. Defendant appeals. — POINTS AND AUTHORITIES. 1. The disaffirmance by a husband of a deed executed by himself and his wife during his infancy, conveying the wife’s land, does not avoid the deed as tot he wife. (4 Minors Institutes, 56 to 58.) 2. A tenant for life purchasing an encumbrance on the entire estate is to be treated as purchasing’ for…
1Opinion of the Court
Opinion op the Court by
Judge Hobson
Affirming.
Bettde Williams and J. C. Hoskins contracted in writing to' sell and convey to C.-M.’Phillips a tract of land in Jefferson county containing about 20 acres. They tendered Phillips a deed in execution of the contract, which he declined to accept, on the ground that there was a defect in the title. This suit was thereupon filed to compel an execution of the contract. The circuit court held the title good, and Phillips appeals.
• It is undisputed that Mrs. Williams owned the land in 1895. She was then the wife of T. D. Williams, from whom she has since…
2Cited by6 opinions
- Mutual Benefit Life Ins. v. HeroldDistrict Court, D. New Jersey · 1912
- Lockhart v. Kentland Coal & Coke Co.Court of Appeals of Kentucky · 1918
- Faircloth v. . JohnsonSupreme Court of North Carolina · 1925
- Mueller v. RagsdaleCourt of Appeals of Kentucky · 1914
- Hopper's Administrator v. HopperCourt of Appeals of Kentucky · 1916
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