Legal Opinion

Meddis v. Dellinger

Court of Appeals of Kentucky

Decided January 17, 1902PublishedCited by 3 opinions

Case 54 — Action foe Specific Performance of a Contract— APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. PROPOSITIONS AND AUTHORITIES. First. That proceedings against non-residents are ecu varte and in derogation of the common law. Second. That a substantial compliance with every requisite of the code is mandatory. Third. A case is not commenced against the defendant until a summons is issued or a warning order made on the petition. Fourth.

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Case 54 — Action foe Specific Performance of a Contract— APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. PROPOSITIONS AND AUTHORITIES. First. That proceedings against non-residents are ecu varte and in derogation of the common law. Second. That a substantial compliance with every requisite of the code is mandatory. Third. A case is not commenced against the defendant until a summons is issued or a warning order made on the petition. Fourth. Nothing is to be presumed in favor of the jurisdiction. Fifth. That the failure of the clerk in certain instances to take a step leading up…

1Opinion of the Court

Opinion op the court by

JUDGE WHITE —

Apjtbming.

This is an action for specific performance of a contract of sale of realty. Appellant admitted the contract, but declined to comply, because, as he alleged, appellees were unable to convey a title in fee, for various defects in the title suggested in the answer. The court sustained a demurrer to the answer, and adjudged specific performance, and hence this appeal.

It is alleged in the answer that appellee derived title by purchase at a judicial sale in an action to settle the estate of Louis Lentz, deceased; that Lentz derived title *504’by purchase at…

2Cases cited2 opinions

  1. Newcomb's Executors v. NewcombCourt of Appeals of Kentucky · 1877
  2. Sears' Heirs v. Sears' HeirsCourt of Appeals of Kentucky · 1893

3Cited by3 opinions

  1. Ramsey's v. RamseyCourt of Appeals of Kentucky (pre-1976) · 1930
  2. Steel v. Stearns Coal & Lumber Co.Court of Appeals of Kentucky · 1912
  3. Jones v. PattersonSupreme Court of Missouri · 1925

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