Darby's Heirs v. Richardson

26 Ky. 544 | Ky. Ct. App. | 1830

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.