Ford v. Thompson
Court of Appeals of Kentucky
CASE 46 — PETITION EQUITY APPEAL FROM BOURBON CIRCUIT COURT. The facts appear in the opinion of the court. Appellants held the property under an executed contract made upon sufficient consideration, which, although verbal, was valid, as it might have terminated within a year; and they cannot be charged with the rents and profits as an advancement. (4 Dana, 137; 8 B. Mon., 423; 9 lb., 370.) The case in 5 Dana, ■ 526, is not parallel to this.
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CASE 46 — PETITION EQUITY APPEAL FROM BOURBON CIRCUIT COURT. The facts appear in the opinion of the court. Appellants held the property under an executed contract made upon sufficient consideration, which, although verbal, was valid, as it might have terminated within a year; and they cannot be charged with the rents and profits as an advancement. (4 Dana, 137; 8 B. Mon., 423; 9 lb., 370.) The case in 5 Dana, ■ 526, is not parallel to this. The answer of appellants to the interrogatories should be read as evidence in the cause. (Civil Code, secs. 167, 168.) The question whether the rents and…
1Opinion of the Court
JUDGE DUVALL
delivered the opinion op the court:
The object of this suit was to settle the estate of James Ford, deceased, and to ascertain and adjust the advancements which had been received by each of his children.
It appears that the decedent owned a valuable farm in the county of Bourbon, containing about 460 acres, besides a number of valuable slaves, stock, &c.; that in the beginning of the year 1847, the decedent placed the farm, slaves, stock, and other property, into the hands of his two sons, William aiid James Ford, who continued to occupy and use the same until the death of their…
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