Lampton v. Usher's Heirs
Court of Appeals of Kentucky
Appeal prom the Christian Circuit. Chancery. Case 18. Case stated. Bill of Lampton fot rescission. The answer of Usher’s heirs resisting the rescission, and tendering a deed confirming the conveyance by commissioners. Decree of the. Circuit Court. Circumstances from which capacity to consent to a judicial sale to convev, is infered by the Court.
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Appeal prom the Christian Circuit. Chancery. Case 18. Case stated. Bill of Lampton fot rescission. The answer of Usher’s heirs resisting the rescission, and tendering a deed confirming the conveyance by commissioners. Decree of the. Circuit Court. Circumstances from which capacity to consent to a judicial sale to convev, is infered by the Court. Where there was no objection by a vendee to the title of the vendors, no allegation of fraud in the sale, possession received and enjoyed by the vendee up to the filing of his bill to rescind, and ability is shown tOÉ make a good title at the filing…
1Opinion of the Court
JVdgs Breck
delivered the opinion of the Court.
David Usher died intestate in the county of Christian, leaving a widow and eight children.
At the May term, 1837, of the Christian Circuit Court, seven of the children, with the husbands of several of them who were femes covert, exhibited their bill, alledging that their ancestor left a valuable landed estate, consisting of several tracts; that what was called the homestead was large and valuable, and could not be divided without greatly Impairing its value, and that it would be for the interest of all parties concerned, to sell that tract •and out…
2Cases cited4 opinions
- Singleton v. CogarCourt of Appeals of Kentucky · 1838
- Vowles' Heirs v. BuckmanCourt of Appeals of Kentucky · 1838
- McKee's Heirs v. HannCourt of Appeals of Kentucky · 1839
- Gates v. KennedyCourt of Appeals of Kentucky · 1842
3Cited by5 opinions
- Scott v. FrankSupreme Court of Iowa · 1903
- Threadgill v. ColcordSupreme Court of Oklahoma · 1906
- Gossom v. DonaldsonCourt of Appeals of Kentucky · 1857
- Duckett v. CriderCourt of Appeals of Kentucky · 1850
- Harrison v. HordCourt of Appeals of Kentucky · 1851