Dufour v. Stacey
Court of Appeals of Kentucky
Case 47 — APPEAL MiOiVI COUNTY OOUBT APPEAL PROM CARROLL CIRCUIT COURT. 1. That part of subsection 3 of section 9 of chapter 42 of General Statutes, requiring the non-resident owner of a ferry to sell the same, is unconstitutional. There has never been any statute or law in force in this State prohibiting the granting of a ferry right to a non-resident owner; but, on the contrary, such ierry rights have always been granted.
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Case 47 — APPEAL MiOiVI COUNTY OOUBT APPEAL PROM CARROLL CIRCUIT COURT. 1. That part of subsection 3 of section 9 of chapter 42 of General Statutes, requiring the non-resident owner of a ferry to sell the same, is unconstitutional. There has never been any statute or law in force in this State prohibiting the granting of a ferry right to a non-resident owner; but, on the contrary, such ierry rights have always been granted. (Conway v. Taylor, 1 Black, 603; Lytle v. Breckinridge, 3 J. J. M., 663, 664; Trustees of Maysville v. Boon, 2 J. J. M., 226; Trustees of Jefferson Seminar}’ v. "Wagnon, 2…
1Opinion of the CourtChief Justice Lewis
In 1843, by an order of tlie Carroll County Court, a ferry was established across Ohio river from the town of Ghent to the Indiana shore, and the ferry right was granted to J. P. Dufour, at the time owner of land where site of the ferry was. In 1850 he conveyed to his wife, Polly Dufour, the land and ferry right duiing her life, remainder to his sons, including appellant, Julius Dufour. In 1853 Polly Dufour filed the bond required by statute in such cases, wliich was approved by the court, and she continued to use and enjoy the ferry right, but executed no other bond until 1863, when she…
2Cases cited2 opinions
- Carter & Arnold v. Kalfus & WattsCourt of Appeals of Kentucky · 1837
- Brown v. GivensCourt of Appeals of Kentucky · 1833
3Cited by8 opinions
- Tri-State Ferry Company v. BirneyCourt of Appeals of Kentucky (pre-1976) · 1930
- Willis v. CalhounCourt of Appeals of Kentucky · 1911
- Crittenden County v. McConnellCourt of Appeals of Kentucky (pre-1976) · 1931
- Evans v. KroutingerIdaho Supreme Court · 1903
- People Ex Rel. Spiers v. LawleyCalifornia Court of Appeal · 1911
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