Legal Opinion

Mahan v. Mahan

Court of Appeals of Kentucky

Decided September 27, 1847PublishedCited by 3 opinions

Error to the Ballard Circuit. Chancery, Case 141. Case stated ani> the bill. The defence set up and answers. Decree of the Circuit Court. The husband of the heir is a necessary party to a bill for the conveyance of land vested in the wife as heir to her father. The relation of father and son is a good consideration to uphold apromise in writing by the former to convey land to the latter and authorize the Chancellor to decree a . specific execution.

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Error to the Ballard Circuit. Chancery, Case 141. Case stated ani> the bill. The defence set up and answers. Decree of the Circuit Court. The husband of the heir is a necessary party to a bill for the conveyance of land vested in the wife as heir to her father. The relation of father and son is a good consideration to uphold apromise in writing by the former to convey land to the latter and authorize the Chancellor to decree a . specific execution. A gift of slaves though in writing, passes no title to the donee unless the writing be recorded, or the possession, accompany the gift. (2 Slat.…

1Opinion of the Court

Judoe Bjreck

delivered tlie opinion of the Court.

Peter Mahan executed and delivered to his son James C. Mahan, the following writing or writings :

“State of Kentucky, Hickman county, Jan. 13, 1841.
“To all whom it may concern, Be it therefore known, that I have this day given unto my son James G. Mahan, 4wo hundred acres of land, lying in township five, range *580two west, to be surveyed out of the southwest of deeded5 land, and I hereby obligate myself neither to will, deed, nor mortgage said land during my natural life, but consider it his right and property.

Peter Mahan.

Test, — John H. Mahan,

Suton…

2Cases cited2 opinions

  1. M'Intire v. HughesCourt of Appeals of Kentucky · 1815
  2. Howard v. SamplesCourt of Appeals of Kentucky · 1837

3Cited by3 opinions

  1. Marling v. MarlingWest Virginia Supreme Court · 1876
  2. Ford v. EllingwoodCourt of Appeals of Kentucky · 1860
  3. Overfield v. SuttonCourt of Appeals of Kentucky · 1859

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