Carter v. Flexner
Court of Appeals of Kentucky
Case 75 — PETITION EQUITY APPEALS FROM LOUISVILLE CHANCERY COURT. 3. If real estate is purchased with partnership funds and to be used for partnership purposes it is impressed with the character of personalty. (Homes v. Self, 79 Ky., 298; Darby v. Darby, 3 Drewery, Eng.
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Case 75 — PETITION EQUITY APPEALS FROM LOUISVILLE CHANCERY COURT. 3. If real estate is purchased with partnership funds and to be used for partnership purposes it is impressed with the character of personalty. (Homes v. Self, 79 Ky., 298; Darby v. Darby, 3 Drewery, Eng. Chy., 495; Lindley on Partnership, vol. 1, p. 670; Lowe v. Lowe, 13 Bush, 688; Cornwall v. Cornwall, 6 Bush, 339; Elanagan v. Shock, 82 Ky., 617.) 2. Beal estate owned as partnership property may b'e sold and conveyed by the surviving partner when necessary to pay partnership debts. (Delmonico v. Guillaenne, 2 Land, N. Y.…
1Opinion of the Court
JUDGE PBYOB
delivered the opinion op the court.
These two appeals involve the same question. John A. Carter and James G. Carter were brothers and had been in business for years as partners, engaged in purchasing and selling real estate for profit. James Gr. Carter died, and after his death his brother, John A. Carter, as surviving partner, sold certain parcels of this partnership real estate to the appellees, Elexner and Baird. The sale was evidenced by a writing, and the appellees refusing to comply with its terms, this action was instituted by John A. Carter, as surviving partner of Carter &…
2Cases cited2 opinions
- Andrews' Heirs v. Brown's Adm'rSupreme Court of Alabama · 1852
- Lowe v. LoweCourt of Appeals of Kentucky · 1878
3Cited by8 opinions
- Hill v. Cornwall & Bro.'s AssigneeCourt of Appeals of Kentucky · 1894
- Duncan v. DuncanCourt of Appeals of Kentucky · 1892
- Kentucky Block Cannel Coal Co. v. SewellCourt of Appeals for the Sixth Circuit · 1918
- Perin v. MegibbenCourt of Appeals for the Sixth Circuit · 1892
- Baker v. Wides' Ex'rCourt of Appeals of Kentucky (pre-1976) · 1945
3 more not listed; retrieve them via the Exa API.