Medlock v. Suter
Court of Appeals of Kentucky
Case 21 — EQUITY— APPEAL PROM OWEN CIRCUIT COURT. 1. The allegation that a married woman had made a, sale of her real estate necessarily implies that she had made and acknowledged a written conveyance. A verbal contract of sale is utterly void. 2. The possession of a vendee by executory contract is that of the vendor, and no lapse of time will bar him.
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Case 21 — EQUITY— APPEAL PROM OWEN CIRCUIT COURT. 1. The allegation that a married woman had made a, sale of her real estate necessarily implies that she had made and acknowledged a written conveyance. A verbal contract of sale is utterly void. 2. The possession of a vendee by executory contract is that of the vendor, and no lapse of time will bar him. (3 Mar., 43; 4 J. J. Mar., 641; 6 lb., 163, 438; 18 B. Mon., 239; 1 Dana, 517; Smith v. Shackleford, 9 Dana, 475 5 Maramon v. Caldwell, 8 B. Mon., 33.) '3. Appellees having accepted the deed from Medlock, must be.presumed to have held under it.…
1Opinion of the CourtChief Justice Lewis
In 1835 John T., Tinsley M., and Martha Snelson, children and heirs of Bartlet Snelson, deceased, conveyed to-their sister, Elizabeth Medlock, and her husband, G. C. Medlock, 50 acres of land, reciting in the deed that in the division of lands of their' father that tract fell to her lot as. one of the children.
In 1842 Medlock and wife, as appellees contend, sold that tract by parol contract to her brother, Tinsley M. Snelson, who paid part of the purchase price, but died the same year;, before paying the residue or taking possession of the land..
After his death Medlock and wife removed from…
2Cases cited2 opinions
- Doe ex dem. Ross v. GarrisonCourt of Appeals of Kentucky · 1833
- Pack v. CarderCourt of Appeals of Kentucky · 1868
3Cited by18 opinions
- Commonwealth v. GibsonCourt of Appeals of Kentucky · 1887
- Burdett v. MaySupreme Court of Missouri · 1889
- Louisville & Nashville Railroad v. Scott's AdministratorCourt of Appeals of Kentucky · 1919
- Newport News & Mississippi Valley Co. v. Stuart's AdministratorCourt of Appeals of Kentucky · 1896
- Rose v. WareCourt of Appeals of Kentucky · 1903
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