Hukill v. Bramlett

Court of Appeals of Kentucky

Hukill v. Bramlett

7 Ky. Op. 151, 1873 Ky. LEXIS 476

DecidedOctober 7, 1873

StatusPublished

This text of 7 Ky. Op. 151 (Hukill v. Bramlett) 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

Hukill v. Bramlett, 7 Ky. Op. 151, 1873 Ky. LEXIS 476 (Ky. Ct. App. 1873).

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Opinion

OpiNion by

Judge Pryor:

Neither of the parties to this record are asking to have the contract for the sale of the land rescinded. If Hukill is willing to accept such a title as the appellee can make him and pay the purchase money he ought to be allowed to do so, either for himself or wife. The feme covert can not be compelled to make a conveyance for her interest in the dand unless she does so voluntarily — this she seems willing to do. There is an order of the court, however, directing this married woman to convey her interest, and if she made the deed in obedience to this order only, and not by her own free will the chancellor should disregard it. This he can ascertain through his commissioner or by having the feme covert in open court and' examining her in regard to her wishes on the subject. If she refuses to convey and the appellants are willing to take the balance of the land the contract should be enforced upon equitable principles to that extent. The judgment is reversed and cause re-, manded for further proceedings consistent with this opinion.

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OpiNion by

Judge Pryor:

Neither of the parties to this record are asking to have the contract for the sale of the land rescinded. If Hukill is willing to accept such a title as the appellee can make him and pay the purchase money he ought to be allowed to do so, either for himself or wife. The feme covert can not be compelled to make a conveyance for her interest in the dand unless she does so voluntarily — this she seems willing to do. There is an order of the court, however, directing this married woman to convey her interest, and if she made the deed in obedience to this order only, and not by her own free will the chancellor should disregard it. This he can ascertain through his commissioner or by having the feme covert in open court and' examining her in regard to her wishes on the subject. If she refuses to convey and the appellants are willing to take the balance of the land the contract should be enforced upon equitable principles to that extent. The judgment is reversed and cause re-, manded for further proceedings consistent with this opinion.

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Bluebook (online)

7 Ky. Op. 151, 1873 Ky. LEXIS 476, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hukill-v-bramlett-kyctapp-1873.