Lane v. Lane
Court of Appeals of Kentucky
Case 62 — ACTION FOR RESCISSION APPEAL PROM PULASKI CIRCUIT COURT. 1. The deed from John L. Lane to D. E. Lane conveys only to D. E. Lane a lif e estate with the remainderto his children, and hence the deed of D. F. Lane to appellees conveys nothing to them except the life estate of D. F. Lane, and .therefore upon the death of D. F. Lane his children became the absolute owners of the tract of land. 2. The plaintiffs were entitled to a rescission for failure of consideration…
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Case 62 — ACTION FOR RESCISSION APPEAL PROM PULASKI CIRCUIT COURT. 1. The deed from John L. Lane to D. E. Lane conveys only to D. E. Lane a lif e estate with the remainderto his children, and hence the deed of D. F. Lane to appellees conveys nothing to them except the life estate of D. F. Lane, and .therefore upon the death of D. F. Lane his children became the absolute owners of the tract of land. 2. The plaintiffs were entitled to a rescission for failure of consideration — the grantee having failed to comply with the. covenant which formed the consideration for the conveyance. Citations:…
1Opinion of the CourtChief Justice H'Azelrigg
One John L.- Lane, in 1889, conveyed to Daniel Lane a tract of land of some one hundred and thirty acres, in Pulaski county, and this land Daniel and his wife, Polly, in 1893, conveyed to two of their sons, T. F. and A. J. Lane, in consideration solely that these two sons would maintain and support their mother, Polly, during her natural life. Shortly thereafter Daniel died, and this suit was brought by Polly, and the children of Daniel other than T. F. and A. J. Lane, against the latter, to set aside the deed of 1893, on the ground — First, that Daniel had only a life estate in the land,…
2Cited by13 opinions
- Zartner v. HolzhauerWisconsin Supreme Court · 1931
- Anderson v. ReedNew Mexico Supreme Court · 1915
- Grant v. BellSupreme Court of Rhode Island · 1904
- De Atley v. StreitMontana Supreme Court · 1928
- Watson v. GilliamCourt of Appeals of Kentucky (pre-1976) · 1934
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