Beinlein v. Johns
Court of Appeals of Kentucky
Case 93 — -PETITION EQUITY APPEAL PROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. 1. Appellants were in full possession of the strip of land which they were using as a road and pass-way, and claiming) the right to use the same, when the deed thereto was made from Kahlert to Johns, and the deed was therefore absolutely void. 2. Where the owner of an estate grants an easement therein to another by parol, and upon the faith thereof the other party expends money thereon, which…
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Case 93 — -PETITION EQUITY APPEAL PROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. 1. Appellants were in full possession of the strip of land which they were using as a road and pass-way, and claiming) the right to use the same, when the deed thereto was made from Kahlert to Johns, and the deed was therefore absolutely void. 2. Where the owner of an estate grants an easement therein to another by parol, and upon the faith thereof the other party expends money thereon, which will be lost and of no value if the right to enjoy the easement is revoked, equity will compel the owner to indemnify…
1Opinion of the Court
JUDPE DtjRELLE
DELIVERED tiie? opinion of the court.’
It appears from the pleadings that at the beginning of 1886 William R. Brown and the Savings Bank of Louisville, were the joint owners in fee of a tract of some 156 acres in Jefferson county, west of Louisville, fronting on the Ohio river. The Savings Bank having assigned to Stephen f*.. Jones,’the property was divided into lots, as shown upon a plat on. file in the- case; and on February 25, 1886, Brown and wife, the Savings Bank amid the assignee conveyed in fee to John G-. Beinlein a lot numbered 9, which fronted on the Ohio river, and as…
2Cases cited8 opinions
- The West Point Iron. Co. v. . ReymertNew York Court of Appeals · 1871
- Karmuller v. KrotzSupreme Court of Iowa · 1865
- Robinson v. ThrailkillIndiana Supreme Court · 1887
- Burr v. MillsNew York Supreme Court · 1839
- Dillion v. Crook & Co.Court of Appeals of Kentucky · 1875
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- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. GriswoldIndiana Court of Appeals · 1912
- Slone v. Kentucky West Virginia Gas Co.Court of Appeals of Kentucky (pre-1976) · 1942
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