90 Ky. 611 | Ky. Ct. App. | 1890
delivered the opinion of the court.
N. Gr. Terry owned an undivided interest in the land in controversy, and, conveyed the whole of it
It is true that where the estoppel merely affects the consciences of the parties, and not the title, it does not operate on strangers to the transaction; but where it “works an interest in the land” conveyed, “it runs with it, and is a title.” Where it clearly appears from the writing that the vendor has conveyed, or agrees to convey, a good and sufficient title, and not merely his present interest in the land, the agreement runs with the land, and repeats itself every day; and if the vendor, at the time of the conveyance, has not title to the land, but subsequently acquires the title, it, “eo instante,” inures to the benefit of the vendee and his privies. In other words, it is immediately transferred by the law of estoppel to the vendee and his privies, because by the contract, which daily repeats itself, the vendor’s title, whenever acquired, is transferred to the vendeee and his privies; consequently, a stranger to the transaction, in an action of ejectment by the ven
The judgment is affirmed.