Walton v. Bohannon

Opinion of the Court by

Judge Carroll —

Affirming.

Walton and Bohannon entered into a contract by the terms of which Walton sold and agreed to convey to Bohannon a good title to a tract of land in Boone County, Kentucky. When Walton, in attempted compliance with his contract, tendered a deed to Bohannon for the land, Bohannon declined to accept it upon the ground that Walton did not have and could not convey *487a good, fee simple title. Whether or not Walton had snch a title depends upon the construction of the will of R. T. Randall from whom Walton derived title. Clause four of the will, which…