Court of Appeals of Kentucky, 1830

Darby's Heirs v. Richardson

Darby's Heirs v. Richardson
Court of Appeals of Kentucky · Decided April 16, 1830 · Robertson
26 Ky. 544; 3 J.J. Marsh. 544; 1830 Ky. LEXIS 116

Darby's Heirs v. Richardson

Opinion of the Court

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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