Meddis & Southwick v. Fenley
Court of Appeals of Kentucky
Case 70 — PETITION EQUITY — APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. 1. The purchaser can not be required to accept a different piece of property from that which he agreed to buy. (Logan v. Bull, 78 Ky., 607; Leavison v. Baird, 12 Ky. Law Rep., 786.) 2. The failure tp appraise the property rendered the sale void. (Cantrill v. Perry, Admr., 7 Ky. L. R., 446; Rose v. Taylor, 8 Ky.
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Case 70 — PETITION EQUITY — APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. 1. The purchaser can not be required to accept a different piece of property from that which he agreed to buy. (Logan v. Bull, 78 Ky., 607; Leavison v. Baird, 12 Ky. Law Rep., 786.) 2. The failure tp appraise the property rendered the sale void. (Cantrill v. Perry, Admr., 7 Ky. L. R., 446; Rose v. Taylor, 8 Ky. L. R., 185; Graves & Wells v. Long, Ass’ee, 87 Ky., 448.) 1. Fenley tendered a deed for what he had sold. 2. There was an appraisement. That appraisement was considered good in the old case. It is now…
1Opinion of the Court
JUDGE GUFFY
delivered the opinion of the court.
'This action was instituted in the Louisville Chancery Court by the appellee against the appellants, seeking to en*433force specific performance of an alleged contract for the sale of real estate. The contract is as follows:
“Louisville, Ky., July 28, 1892.
“John W. Buchanan & Go., Agents for Oscar Fenley:
“Dear Sir: — We will pay four thousand one'hundred dollars for Mrs. Fenley’s 38]- feet of ground on west side of 3d street, between the property of Judge H. W. Bruce and Capt. Frank Carter, payable one-third cash and the balance on or before one and…
2Cases cited2 opinions
- Graves v. LongCourt of Appeals of Kentucky · 1888
- Phelps v. JonesCourt of Appeals of Kentucky · 1891
3Cited by2 opinions
- Koontz v. ButlerCourt of Appeals of Kentucky (pre-1976) · 1931
- Ware's Guardian v. WareCourt of Appeals of Kentucky (pre-1976) · 1930