Denny v. Wickliffe
Court of Appeals of Kentucky
CASE 38 — CHANCERY APPEAL FROM WASHINGTON CIRCUIT COURT. A suit was instituted by James B. Danforth to obtain the specific execution of a contract made by him with Cyrus Talbott, for the purchase of a farm called “ Snug Harbor.” The suit was commenced after the death of the vendor. Alice Denny, the devisee of Cyrus Talbott, and the executor and heirs-at-law of Cyrus Talbott, sr., dec’d, by whom the land was devised to the vendor, denied the power of the latter to sell it.
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CASE 38 — CHANCERY APPEAL FROM WASHINGTON CIRCUIT COURT. A suit was instituted by James B. Danforth to obtain the specific execution of a contract made by him with Cyrus Talbott, for the purchase of a farm called “ Snug Harbor.” The suit was commenced after the death of the vendor. Alice Denny, the devisee of Cyrus Talbott, and the executor and heirs-at-law of Cyrus Talbott, sr., dec’d, by whom the land was devised to the vendor, denied the power of the latter to sell it. This question was decided against the heirs-at-law, and the opinion of this court is reported in 7 B. Mon., 623. After the…
1Opinion of the Court
JUDGE SIMPSON
delivered the opinion of the codrt:
In the cases of Rouse vs. Williams and McLean vs. Nixon, in which opinions were delivered at the December term, 1857, it was decided that where a cause was remanded by this court, with directions to the circuit court to render a particular decree or judgment, the case had to be regarded as being finally disposed of to that extent; and no pleadings could be filed in the circuit court that would have the effect of. avoiding the mandate of this court, unless they were of such a character as would authorize a final decree or judgment to be reviewed…
2Cases cited2 opinions
- Simpson v. HawkinsCourt of Appeals of Kentucky · 1833
- Taylor v. LyonCourt of Appeals of Kentucky · 1834
3Cited by20 opinions
- Chapman v. ChapmanMassachusetts Supreme Judicial Court · 1916
- Holmes v. Turner's Falls Co.Massachusetts Supreme Judicial Court · 1890
- Fair v. Manhattan InsuranceMassachusetts Supreme Judicial Court · 1873
- Brown v. CommissionersNebraska Supreme Court · 1877
- Greene v. Taylor, Jr. & SonsCourt of Appeals of Kentucky · 1919
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