Ormsby v. Dumesnil
Court of Appeals of Kentucky
Case 110 — PETITION EQUITY — APPEAL FROM LOUISVILLE CHANCERY COURT. The title to the lot in question here is in the clouds, and will continue so until the death of Mrs. Dumesnil. Therefore, the deed from her children to her is premature, and, being in that condition, Dumesnil and wife can not pass a legal vendible title, or a title clear of clouds to Ormsby.
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Case 110 — PETITION EQUITY — APPEAL FROM LOUISVILLE CHANCERY COURT. The title to the lot in question here is in the clouds, and will continue so until the death of Mrs. Dumesnil. Therefore, the deed from her children to her is premature, and, being in that condition, Dumesnil and wife can not pass a legal vendible title, or a title clear of clouds to Ormsby. (Bohon v. Bohon, 78 Ky., 408.) 1. As to the remainder after the life interest of Mrs. Dumesnil, her children are joint tenants as at common law, the manifest intention being that the right of survivorship among them should exist. 2. In…
1Opinion of the Court
JUDGE PRYOR
delivered the omsrioir of the court.
This action in equity was brought by H. A. Dumesnil and his wife against Collis Ormsby, to compel the latter to accept a deed to some real estate in the city of Louisville on the terms agreed upon by a written contract between the parties. The defense is the want of title. The realty consists of a lot with a front of fifty feet by two hundred and thirty deep on Ormsby avenue. The title to the land is in the wife of EL A. Dumesnil, and she derived title in this way: Robert Ormsby died in the year 1833, the owner of a tract of land called Cedar…
2Cases cited4 opinions
- Mercantile Bank of New York v. Ballard's AssigneeCourt of Appeals of Kentucky · 1885
- Churchill v. ChurchillCourt of Appeals of Kentucky · 1859
- Hopson's v. Commonwealth ex rel. ShippCourt of Appeals of Kentucky · 1870
- Phillips' Devisees v. BeallCourt of Appeals of Kentucky · 1839
3Cited by1 opinion
- Carter v. CarterCourt of Appeals of Kentucky (pre-1976) · 1925