Calhoon v. Belden
Court of Appeals of Kentucky
CASE 54 — PETITION EQUITY — APPEAL FROM MARION CIRCUIT COURT. CITED— 1 Metcalfe, 192; Sinking Fund vs. Northern Bank. 3 Mon., 76; Moredock vs. Rawlings. 2 Duvall, 182; Duvall vs. Parker. 1 Marshall, 406, and 153; 2 Duvall, 314. Session Acts 1835, p. 68. CITED— 17 B. Moñ., 520; Andrews vs. Ward. 7 B. Mon.; Jarboe vs. McAfee’s heirs. 5 Cranch, 278; Hepburn vs. Auld. 5 Mon., 88. 6 Peters; Watts vs. Waddle.' 1 Coke, 50. Tomlin's Law Dictionary, title, Exchange.
1Opinion of the Court
JUDGE ROBERTSON
delivered the opinion oe the court:
The parties in this case, each occupying and claiming to own a separate house and lot in the village of Bradfordsville, Marion county, Kentucky, made an executory exchange, to be consummated in November, 1862.
Afterwards, the appellee, Belden, went into the army, and, for the accommodation of his family in his. absence, possession was mutually delivered to the party entitled thereto before the day fixed therefor by the contract; but, before that day, and while Belden’s family was occupying the house obtained from Calhoon, it, with its contents,…
2Cited by4 opinions
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