Hunter v. Brown
Court of Appeals of Kentucky
Error to the Nelson Circuit. Chancery. Case 76. To decree conveyances is aprominentgroundof equity jurisdiction in cases of partition, hcncsv tlie holders of the legal, title must be parties. When upon' decreeing partition the legal titlfe cannot be at once made, the Chancellor may-secure each in the enjoyment of his part until'd® conveyances can. Be made.
Read the full summary
Error to the Nelson Circuit. Chancery. Case 76. To decree conveyances is aprominentgroundof equity jurisdiction in cases of partition, hcncsv tlie holders of the legal, title must be parties. When upon' decreeing partition the legal titlfe cannot be at once made, the Chancellor may-secure each in the enjoyment of his part until'd® conveyances can. Be made. (Stom/s Eq, sc. 652.)', In making partition of land,regard should be had not only to quality of soil, and quantity of land, but also value as affected by locality, convenience to public roads and other permanent advantages.
1Opinion of the CourtChief Justice Marshall
The power of a Court of equity to decree mutual conveyances, is a distinct and prominent ground of equity jurisdiction in ease of partition. At law the proceeding stops with the ascertainment of the different shares, and *284placing the parties in posssession. In equity “it proceeds upon conveyances to be executed by the parties,’7 and cannot be effectually had without them: (Story’s Equity, sec. 652_; 2 Sch. fy Lef. 371-2.) And as the Court does not decree conveyances from parties having equitable titles merely, it follows that where those immediately interested in the partition have equitable…
2Cited by2 opinions
- Whitefort v. BarronCourt of Appeals of Kentucky (pre-1976) · 1942
- Cunningham v. GreyCourt of Appeals of Kentucky (pre-1976) · 1937