McDanell v. Landrum
Court of Appeals of Kentucky
Case 61 — PETITION EQUITY APPEAL FROM GALLATIN CIRCUIT COURT. 1. The active participation of a married woman in the perpetration of a fraud may operate by way of estoppel to divest her of interest in real estate.
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Case 61 — PETITION EQUITY APPEAL FROM GALLATIN CIRCUIT COURT. 1. The active participation of a married woman in the perpetration of a fraud may operate by way of estoppel to divest her of interest in real estate. (Busk v. Benton, 14 Bush, 490; Craddock v. Tyler, 3 Bush, 360; Stone v. Waits, Ibid., 487; Connelly v. Branstler, Ibid., 702; Heck v. Bisher, 78 Ky., 646; Johnson v-. Green, 17 B. M., 122.) 2. Where, under mutual mistake or ignorance of the ability of a married woman to convey, the purchase price has been paid and received by her, either in money or in the exchange of land, she…
1Opinion of the Court
CHIEF JUSTICE
LEWIS deliyered the opinion oe the court.
In 1863, appellee, then under disability of both coverture and infancy, and her husband, W. H. Landrum, sold to her brother, W. H. Beal, at one thousand six hundred dollars, a tract of twenty acres of land she had inherited from her father, and Beal immediately sold it at the same price to T. J. Turpie. But the latter, advised appellee could not make a good title, refused to pay the purchase money or accept a deed. Whereupon, she and her husband instituted an action, making Beal and Turpie defendants, in which judgment was rendered for a…
2Cases cited5 opinions
- Hawkins v. BrownCourt of Appeals of Kentucky · 1882
- Heck v. FisherCourt of Appeals of Kentucky · 1880
- Hannon v. MaddenCourt of Appeals of Kentucky · 1874
- Craddock v. TylerCourt of Appeals of Kentucky · 1867
- Stone v. WertsCourt of Appeals of Kentucky · 1868
3Cited by5 opinions
- Pond Creek Coal Co. v. HatfieldCourt of Appeals for the Sixth Circuit · 1917
- Onions v. Covington & Cincinnati El. R. R. & Transfer & Bridge Co.Court of Appeals of Kentucky · 1899
- Looney v. Elkhorn Land & Improvement Co.Court of Appeals of Kentucky · 1922
- Daniels v. FranceCourt of Appeals of Kentucky · 1916
- Buford v. MochySupreme Court of North Carolina · 1944