Kean v. Tilford
Court of Appeals of Kentucky
Case 98 — EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. The chancellor had no inherent power to sell lands because of indivisibility. 2. The requirements of the statute have noc been complied with. 3. No authority is given by the Code of Practice to sell real estate in a case like this. Because the Code confers no new rights. Section 491 does not authorize a sale unless it will subserve the interest of all parties. The case is not within section 490 of the Code.
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Case 98 — EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. The chancellor had no inherent power to sell lands because of indivisibility. 2. The requirements of the statute have noc been complied with. 3. No authority is given by the Code of Practice to sell real estate in a case like this. Because the Code confers no new rights. Section 491 does not authorize a sale unless it will subserve the interest of all parties. The case is not within section 490 of the Code. Nor does the power in Joshua P. Speed’s will, until the same is exercised, affect the estate in any way. By section 494, if a…
1Opinion of the Court
■ JUDGE PRTOR
delivered the opinion op the court.
The Louisville Hotel and its appurtenancies were originally owned by M. Kean, Jas. W. Henning, and Joshua F. Speed. Kean owned one-half, J. W. Henning one-fourth, and Joshua *602F. Speed one-fourth. Kean died, leaving a last will, and by-virtue of this will and certain equitable proceedings undetit, his half of the hotel property now belongs to L. R. Kean and his wife, J. Ella Kean, and Geo. M. Kean. L. R. Kean owns one-eighth, his wife, J. Ella Kean, one-eighth, and G. M. Kean one-fourth of the entire property.
Joshua Speed died, leaving a will by…
2Cited by13 opinions
- Malone v. ConnCourt of Appeals of Kentucky · 1893
- Kelly v. MarrCourt of Appeals of Kentucky (pre-1976) · 1945
- Shelby v. ShelbyCourt of Appeals of Kentucky · 1921
- Atherton v. WarrenCourt of Appeals of Kentucky · 1905
- Moore v. Potter-Matlock Trust Co.Court of Appeals of Kentucky · 1915
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