Legal Opinion

Churchill v. Terrell

Court of Appeals of Kentucky

Decided December 12, 1866PublishedCited by 3 opinions

CASE 17 — PETITION EQUITY APPEAL PROM M’CRACKEN CIRCUIT COURT. CITED— 12 Pickering, 47; Blanchard vs. Brooks. 3 McLean, 56; Lewis vs. Baird. 5 Dane’s Abridg., 383. Com. Dig. Estoppel, E., 8. 36 Bar. (N. Y.), 386. 18 Maryland; Ridgley vs. Bond. 5 Jones Law., N. C.. 63 ; Hayes vs. Askene. 29 Miss. (7 Cush.), 146; Me Comb vs. Gilky. 14 Cal., 612; Gee vs. Moore.

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CASE 17 — PETITION EQUITY APPEAL PROM M’CRACKEN CIRCUIT COURT. CITED— 12 Pickering, 47; Blanchard vs. Brooks. 3 McLean, 56; Lewis vs. Baird. 5 Dane’s Abridg., 383. Com. Dig. Estoppel, E., 8. 36 Bar. (N. Y.), 386. 18 Maryland; Ridgley vs. Bond. 5 Jones Law., N. C.. 63 ; Hayes vs. Askene. 29 Miss. (7 Cush.), 146; Me Comb vs. Gilky. 14 Cal., 612; Gee vs. Moore. CITED— 4 Bibb, 226; Bradford vs. Long. 2 Littell, 263; Birney vs. Haim. 3 Marshall, 324. 1 Littell, 393. 9 B. Mon., 57. 18 B. Mon., 863; Driskel vs. Hanks. CITED— Hardin's Rep., 53 ; Pile vs. Shannon.

1Opinion of the Court

JUDGE ROBERTSON

delivered the opinion of the court:

On the 11th of February, 1837, Clark Fitzhugh conveyed to the appellant, Samuel B. Churchill, “ one half of his interest in the ten thousand-acre tract in Clark’s survey, McCracken county, State of Kentucky, owned by his father, Dennis Fitzhugh, and devised by him to the said Clark and Lucy Ann, his childrenand guarantied the title by a covenant of general warranty.

And on the 11th September, 1837, the appellant conveyed to Wm. Radford one half of his interest “in the said tract,” described as “formerly owned by Dennis Fitzhugh, but of which…

2Cited by3 opinions

  1. Fulton v. TeagerCourt of Appeals of Kentucky · 1919
  2. Kentucky River Coal Corporation v. WilliamsCourt of Appeals of Kentucky (pre-1976) · 1928
  3. Clay v. ChenaultCourt of Appeals of Kentucky · 1906

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