Allison v. Cocke's
Court of Appeals of Kentucky
Case 98 — ACTION TO RELIEVE AGAINST FORFEITURE APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. 1. One named as executor in the will of a Virginia testator, giving power of sale of land in Kentucky, has no power to make a valid contract of sale thereof, until the will has been probated and he qualified in Kentucky. 2. Such contracts, made prior to probate or qualification, are void, and can not be ratified; and money paid thereunder, being without consideration,…
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Case 98 — ACTION TO RELIEVE AGAINST FORFEITURE APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. 1. One named as executor in the will of a Virginia testator, giving power of sale of land in Kentucky, has no power to make a valid contract of sale thereof, until the will has been probated and he qualified in Kentucky. 2. Such contracts, made prior to probate or qualification, are void, and can not be ratified; and money paid thereunder, being without consideration, may be recovered. 3. A contract for the sale of land, or a forfeiture for failure to comply, can not be enforced by the…
1Opinion of the Court
JUDGE DuRELLE
delivered the opinion oe the court.
The records on these appeals show that Mrs. Elizabeth Cocke was the owner of about 600 acres of land, and her brother Col. Preston owned about 320 acres immediately adjoining it, on the Preston-street road, south of Louisville. About two years before the contracts here involved were made, Mrs. Cocke died, a resident of Virginia, leaving a will, by which her three sons were made executors. Some six months before the making of the contracts, Col. Preston died, a resident of Virginia, leaving a will, by which his two sons were appointed executors.…
2Cases cited9 opinions
- Vroom v. Van HorneNew York Court of Chancery · 1844
- Hatch v. ProctorMassachusetts Supreme Judicial Court · 1869
- Dearborn v. MathesMassachusetts Supreme Judicial Court · 1880
- Marrett v. Babb's Ex'rCourt of Appeals of Kentucky · 1891
- Bradford v. ParkhurstCalifornia Supreme Court · 1892
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- C. C. Slaughter Cattle Co. v. Potter CountyCourt of Appeals of Texas · 1921
- Ellison v. SchusterArizona Supreme Court · 1929
- Suburban Imp. Co. v. Scott Lumber Co.Court of Appeals for the Fourth Circuit · 1932
- Texlouana Producing & Refining Co. v. WallTexas Commission of Appeals · 1924
- Real Estate Mort. Co. of Louisville v. DukeCourt of Appeals of Kentucky (pre-1976) · 1933
5 more not listed; retrieve them via the Exa API.