Merrifield v. Merrifield's Assignee
Court of Appeals of Kentucky
Case 84 — DEED, OONSTIWOTrON APPEAL PROM NELSON CIRCUIT COURT. 1. To make a lair construction of the deed from D. B. Merrifield to his son, we must look to the relation of the parent and the burden resting upon the father to make to his son a fee-simple gift of the land. 2. There is no trust created by the deed, and it will -be seen that Mrs. Merrifield is no party to it.
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Case 84 — DEED, OONSTIWOTrON APPEAL PROM NELSON CIRCUIT COURT. 1. To make a lair construction of the deed from D. B. Merrifield to his son, we must look to the relation of the parent and the burden resting upon the father to make to his son a fee-simple gift of the land. 2. There is no trust created by the deed, and it will -be seen that Mrs. Merrifield is no party to it. It is clear, therefore, that she could not bind the estate for the payment of any surety debt whatever. 3. It is, therefore, insisted that so much of the judgment' as gives priority to that class of debts having- the name of…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
May 16, 1872, ior tlie purpose and consideration stated in it, D. B. Merrifield, of tire county of Nelson, executed to Ills son, D. B. Merrifield, wlio likewise signed it, a deed, substantially as followrs:.“Wliereas, T have heretofore conveyed to my son, k. H. Merrifield, the farm on which he resides, to the children of my son, J. B. Merrifield, the farm on which they reside, and to .my son, W. J. Merrifield, a farm in Spencer county. Now, in order to secure to my son, D. B. Merrifield, as much of my estate as will make him about - equal with the…
2Cases cited1 opinion
- Robinson v. SmitheyCourt of Appeals of Kentucky · 1883
3Cited by8 opinions
- Brokaw v. OgleIllinois Supreme Court · 1897
- Massillon Engine & Thresher Co. v. BarrowTexas Commission of Appeals · 1921
- Johnson v. Prosper State BankCourt of Appeals of Texas · 1939
- Brooks v. GoodwinSupreme Court of Arkansas · 1916
- Staun & Co. v. ProctorCourt of Appeals of Kentucky · 1913
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