Blue v. Waters
Court of Appeals of Kentucky
Case 74 — Action by E. W. Blue, &c. against R. M. Waters fob Specific Performance of a Contract for the Sale of Real Estate. — Jan. 30. APPEAL FROM JEFFERSON CIRCUIT COURT. Judgment fob Defendant and Plaintiffs Appeal. — Reversed.
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Case 74 — Action by E. W. Blue, &c. against R. M. Waters fob Specific Performance of a Contract for the Sale of Real Estate. — Jan. 30. APPEAL FROM JEFFERSON CIRCUIT COURT. Judgment fob Defendant and Plaintiffs Appeal. — Reversed. The questions to be considered by the court are: 1. Had the Louisville chancery court any jurisdiction to partition real estate at the suit of the executors of a decedent’s estate? 2. Whether or not the heirs of Sarah B. Weller to-wit, Bernard Weller Coldewey and Anton Weller Coldewey, were properly before the court? 3. Was the partition in said suit valid? (1) It…
1Opinion of the Court
Opinion of the coubt by
CHIEF JUSTICE BURNAM —
Reversing.
We are asked in this appeal to pass upon the sufficiency of the title of appellant Elizabeth Weller Blue to two lots situated on Indiana avenue, in tbe city of Louisville, which were allotted to her in the division of the estate of her mother, Sarah Weller, and which she has contracted to sell to the appellee, Rebecca Maney Waters. Sarah B. Weller, by will, which was duly probated in the Jefferson county court on the 13th day of July, 1900, after making provision for the payment of her debts, devised all the rest of her estate of every…
2Cited by4 opinions
- Lovett and Lovett v. LovettSupreme Court of Florida · 1927
- Burchett v. ClarkCourt of Appeals of Kentucky · 1915
- Faulkner v. TerrellCourt of Appeals of Kentucky (pre-1976) · 1956
- Sudduth Coal Co. v. GatesCourt of Appeals of Kentucky · 1921