Keltner v. Keltner
Court of Appeals of Kentucky
Error to the Adair Circuit. Chancery. Case li, Statement of the case and decree of the Circuit Court. Upon a rescission by Chancellor, the parties should be placed in slatu puo, and money paid should be ordered to be refunded. Contractfor support, (being part consider a t i o n. for estate sold,) and failure to perform it, shoud rather operate as aground for enforcing perfo r m a n c e thereof, than for rescinding the contract by the Chancellor.
1Opinion of the Court
Judge Marshall
delivered the opinion of the Court.
This bill was filed by Michael Kiltner, Sr., to set aside a deed whereby he conveyed to his two sons, John and Michael, a tract of land, (520 acres,) for the considera, tion partly of money paid, partly of natural affection, and partly in consideration that they undertook to maintain, support, and take care of the grantor and his wife during their lives. The bill alledges ill treatment of the parents by the sons, and 'a failure and actual refusal on their part, to perform the stipulation with regard to support and maintenance, denies the…
2Cited by2 opinions
- Webster v. CadwalladerCourt of Appeals of Kentucky · 1909
- Stone v. StoneCourt of Appeals of Kentucky (pre-1976) · 1936