Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky, 1785-1951 (Volume 8; V. 156)

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1914. Not illustrated. Excerpt: ... impairment of the service it is under a duty to perform for the public. For this reason the Telephone Company should not be hindered or embarrassed by this contract for all time to come in its efforts to furnish to its patrons the character of service they are entitled to have, and while we do not of course feel at liberty to make a contract for these parties or to make material alterations in a contract they have made, we may with propriety, supply an important omission in the contract by so construing it as that it may be terminated at the suit of either upon equitable terms. The condition of the record is such that we do not think it advisable to indicate the terms upon which the contract may be terminated, preferring to leave the questions that may arise if a suit to terminate is brought, to be settled in such a suit. On the record before us the judgment appealed from must be affirmed, and it is so ordered. Foreman v. Lloyd, et al. (Decided January 13, 1914.) Appeal from Bullitt Circuit Court. 1. Statutes--Construction of Sections 2351 and 2352.--Where a vendor conveys, 'with covenant of general warranty, a greater Interest in land than he possesses, and thereafter a claimant of the land, -who has received any estate hy gift, advancement, descent, devise or distribution from the vendor, attempts to recover the land from the vendee, he will he barred of recovery to the extent of the value of the estate so received. 2. Statutes--Construction of sections 2351 and 2352.--Under these statutes it is not material whether the conveyance by the vendor be before or after the claimant of the estate so conveyed has received from the vendor property by gift, advancement, devise, descent, or distribution. The statute does not make any distinction concerning the rights or ...