Cocanougher v. Green
Court of Appeals of Kentucky
Case 98 — PETITION EQUITY APPEAL PROM WASHINGTON CIRCUIT COURT. 1. The action was prematurely tried during the unavoidable absence of appellants’ attorney. 2. A long delay of payment of the balance of the consideration of a contract if attended with palliating circumstances will not, per se, furnish grounds for refusing specific execution, but reasonable time will be allowed in which payment is to be made.
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Case 98 — PETITION EQUITY APPEAL PROM WASHINGTON CIRCUIT COURT. 1. The action was prematurely tried during the unavoidable absence of appellants’ attorney. 2. A long delay of payment of the balance of the consideration of a contract if attended with palliating circumstances will not, per se, furnish grounds for refusing specific execution, but reasonable time will be allowed in which payment is to be made. (Logan v. McOhord, 2 Litt., 224.) 1. In actions for specific performance, where the covenants on the part of the defendant are to be performed concurrently with or subsequent to the…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF TIIE COURT.
February, 1872, C. C. Cocanougher conveyed to trustees for benefit of creditors, all his personal property not exempt from execution, and a tract containing about three hundred and eight acres of land; there being, however, excepted his homestead and dower right of his wife Lucinda. '
In April his creditors agreed that she should receive in satisfaction of her dower right, then relinquished, the excess of what the personal property might sell for above amount it was appraised at, which turned out to be about seven hundred and eighty-two dollars.…
2Cited by8 opinions
- Pond Creek Coal Co. v. HatfieldCourt of Appeals for the Sixth Circuit · 1917
- McDowell v. BiddisonCourt of Appeals of Maryland · 1913
- Darnell v. AlexanderCourt of Appeals of Kentucky · 1917
- Bryan v. BarrigerDistrict Court, W.D. Kentucky · 1918
- Lexington & Eastern Railway Co. v. WilliamsCourt of Appeals of Kentucky · 1919
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