Darby's Heirs v. Richardson

Court of Appeals of Kentucky

Darby's Heirs v. Richardson

26 Ky. 544, 3 J.J. Marsh. 544, 1830 Ky. LEXIS 116

DecidedApril 16, 1830

StatusPublished

This text of 26 Ky. 544 (Darby's Heirs v. Richardson) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Darby's Heirs v. Richardson, 26 Ky. 544, 3 J.J. Marsh. 544, 1830 Ky. LEXIS 116 (Ky. Ct. App. 1830).

Pincite

Opinion

Chief Justice Robertson

delivered the opinion of the Court.

The consideration is sufficient in this case, -to entitle the defendant in error to a specific execution of the contract.

But the circuit court erred in its decree.

1st. As the covenant was for a quit claim deed, the court ought not to have decreed a general warranty deed.

2d. There should have been no decree against Bleight’s heirs, until they had been represented by a guardian ad litem.

Wherefore, the decree is reversed, and the cause remanded, for proceedings consistent with this opinion.

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