Estep v. Hammons
Court of Appeals of Kentucky
Case 19 — IN EQUITY APPEAL FROM OWSLEY CIRCUIT COURT. 1. It was error to require plaintiff to elect which cause of action he would prosecute. 2 Black. Com., 36; 3 Kent. Com., 420; Bass-v. Edwards, 126 Mass., 445; Am. & Eng.
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Case 19 — IN EQUITY APPEAL FROM OWSLEY CIRCUIT COURT. 1. It was error to require plaintiff to elect which cause of action he would prosecute. 2 Black. Com., 36; 3 Kent. Com., 420; Bass-v. Edwards, 126 Mass., 445; Am. & Eng. Enc. of Law, vol. 19, p. 96; Brown v. Burkenmeyer, 9 Dana, 159; Beall v. Clore, 6 Bush, 676. 2. The plaintiff was entitled to a right of way by contract. 3. The sale carrying with it the right of way by necessity the statute of frauds is inapplicable. 1. The proof shows an agreement for a passway. 2. It was error to require an election. Civil Code, sec. S3; Jones' Assignee…
1Opinion of the Court
JUDGE WHITE
delivebed the opinion of the coltet.
The appellant, J. N. Estep, brought this action in the Owsley Circuit Court against appellee, seeking to have corrected for fraud or mistake a contract for the sale of a certain lot in Booneville. It is alleged that the appellee sold to appellant a certain lot in Booneville that is bounded on one side by a creek, on two sides by one Gabbard, and on the other by appellee. It appears that appellant’s lot purchased was the rear part of one lot, the front being bought by Gabbard from appellee, and owned by Gabbard at the time appellant bought. The…
2Cases cited3 opinions
- Hall v. McLeodCourt of Appeals of Kentucky · 1859
- Beall v. CloreCourt of Appeals of Kentucky · 1869
- Brown v. BurkenmeyerCourt of Appeals of Kentucky · 1839
3Cited by6 opinions
- Newport Pressed Brick & Stone Co. v. PlummerCourt of Appeals of Kentucky · 1912
- Hedge v. CavenderCourt of Appeals of Kentucky (pre-1976) · 1927
- Thornton v. McLearyMississippi Supreme Court · 1931
- Kentucky Distilleries & Warehouse Co. v. Warwick Co.Court of Appeals of Kentucky · 1915
- McWhorter v. HolcombCourt of Appeals of Kentucky · 1923
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