Alves v. Schlesinger
Court of Appeals of Kentucky
Case 43 — EQUITY APPEAL PROM HENDERSON CIRCUIT COURT. 1. While it may be conceded that the sale of expectancies was void at common law, yet such sales, when fairly made for an adequate consideration, have always been enforced by courts of equity in England. 2. Even the naked possibility of an expectancy may become the subject of a contract of sale, and the contract will be enforced. 3. The decedent, Mrs. Alves, died without questioning the validity of the contract, and did…
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Case 43 — EQUITY APPEAL PROM HENDERSON CIRCUIT COURT. 1. While it may be conceded that the sale of expectancies was void at common law, yet such sales, when fairly made for an adequate consideration, have always been enforced by courts of equity in England. 2. Even the naked possibility of an expectancy may become the subject of a contract of sale, and the contract will be enforced. 3. The decedent, Mrs. Alves, died without questioning the validity of the contract, and did not in any way dispose of the interest so conveyed, nor did she repudiate the conveyance. Sale of Expectancies —…
1Opinion of the Court
JUDGE LEWIS
DELIVERED TIIE OPINION OE THE COURT.
By the terms of a written contract, dated in 1878, Samuel J. Alves undertook, for a valuable consideration, to sell and convey to his sister, appellant, Augusta Posey, all the right, title, and interest he then had or might thereafter acquire by gift, devise, or descent from his mother, Mrs. Augusta Alves, in the land in controversy, and furthermore agreed to execute and deliver to Mrs. Posey all necessary and proper deeds to perfect the title to the land whenever it could be done, or his interest in the property might be determined.
When the…
2Cases cited1 opinion
- McBee v. MyersCourt of Appeals of Kentucky · 1868
3Cited by10 opinions
- Hale v. HollonTexas Supreme Court · 1897
- Hunt v. SmithCourt of Appeals of Kentucky · 1921
- McCall's Adm'r v. HamptonCourt of Appeals of Kentucky · 1895
- McClure v. RabenIndiana Supreme Court · 1890
- Elliott v. LeslieCourt of Appeals of Kentucky · 1907
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