Beckwith v. Kouns
Court of Appeals of Kentucky
Error to the Carter Circuit. Chancery. Case 42. The ease stated. A vendor cannot enforce specific performance of an executory contract for land without showing a good title. A party seelcing a rescission for defect of title in the vendor, is not bound to submit lo terms other than the terms of the original eoniraet.
1Opinion of the CourtChief Justice Ewing
This is a bill in chancery, instituted by Beckwith, to rescind an executory contract for land, made with Jacob Kouns. Kouns and the assignee of the notes for the consideration, resist the rescission and ask an enforcement of the contract.
There is no plausible foundation for the decree in this case. No derivation of title from the Commonwealth, is shown, nor has possession for a sufficient length of lime, been proven, to create the presumption of title. A vendor cannot enforce specifically, a contract of sale, upon an executory contract, without showing a good title, and the title in this case…
2Cited by2 opinions
- United Cooperative Realty Co. v. HawkinsCourt of Appeals of Kentucky (pre-1976) · 1937
- Milan v. YoungCourt of Appeals of Kentucky (pre-1976) · 1925