Nevels v. Kentucky Lumber Co.
Court of Appeals of Kentucky
Case 76. — Action fob Breach of Contract. APPEAL FROM PULASKI CIRCUIT COURT. Judgment fob Defendant and Plaintiffs Appeal. 1. The only question for the court to decide is whether one joint tenant, or tenant in common can sell Umber, growing on the land owned in common by all the tenants, without the consent of his co-tenants. Our contention is, that such a sale is valid.
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Case 76. — Action fob Breach of Contract. APPEAL FROM PULASKI CIRCUIT COURT. Judgment fob Defendant and Plaintiffs Appeal. 1. The only question for the court to decide is whether one joint tenant, or tenant in common can sell Umber, growing on the land owned in common by all the tenants, without the consent of his co-tenants. Our contention is, that such a sale is valid. Petit v. Marble, 13 Law Rep., 780. 1. A sale by one joint tenant will not divest another joint tenant of his interest in the common property, unless he has been duly authorized to make such sale, or unless the sale was duly…
1Opinion of the Court
Opinion op the COURT by
JUDGE HOBSON
Appieming.
Appellants made a contract with appellee to get out for it 500 poplar log's, to be delivered in Big South Fork, or Little South Fork, or Big Sinking Creek, in Pulaski county, by the 1st day of September, 1893, and to be there received and measured by appellee. It was a part of the contract that when as many as 100 logs were ready appel-lee was to receive and pay for them. Appellants got out a number of logs, and called on appellee to receive them, but when it was about to do so it received notice that the logs were not the property of appellants,…
2Cases cited5 opinions
- Benedict v. TorrentMichigan Supreme Court · 1890
- Shepard v. PettitSupreme Court of Minnesota · 1883
- Ballentine v. JoplinCourt of Appeals of Kentucky · 1898
- Hinson v. . HinsonSupreme Court of North Carolina · 1897
- Richey v. BrownMichigan Supreme Court · 1885
3Cited by9 opinions
- Rayonier, Incorporated v. F. Arnold PolsonCourt of Appeals for the Ninth Circuit · 1968
- Winchester v. WatsonCourt of Appeals of Kentucky · 1916
- Saulsberry v. SaulsberryCourt of Appeals for the Sixth Circuit · 1941
- Fuller v. MontafiCalifornia Court of Appeal · 1921
- Threatt v. RushingMississippi Supreme Court · 1978
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