. . . . .[ son ] for his services, he has an equitable lien on the land and cannot justly be required to surrender his rightful possession until he shall have been indemnified .............[son] should be protected in the possession until the amount assessed shall have been paid.................. Speer's v. Sewell, 67 Ky 239, (1869)

. . . . but as the son had taken possession of the land and made valuable improvements thereon, under the expectation created by the act of the father that the gift would be consumated, he is in equity entitled to pay for those improvements and has a lien upon the land to secure the payment of their value. This lien would exist against the donor {father} and is valid against creditors. Rucker v Abell, 8 B Mont 566, 47 Ky 566, (1848).

as there was no written memorial of the contract for the conveyance of the homestead land to the appellant John, he could not by suit enforce a specific performance even on the meritorious ground of the strong moral equity resulting from his long and faithful services in executing the promised consideration, but he has a resisting equity not affected by the statute of fraud. . For his services he has an equitable lien on the land, and he cannot justly be required by a court of equity to surrender his rightful possession of the land until he shall have been indemnified. If the vendor refuses to convey, an account for improvements will be taken. .[as for ] .money . . .paid. . the whole will constitute a lien upon the land. . .if the vendee refuses to accept the deed, he will be accountable for rents. . .Speers v Sewell, 4 Bush 239, (18) Robertson J as cited in UsherÕs ExÕr v Flood, 83 Ky 563, (1886) J Prior

Mullins v Mullins 797 S.W.2d 491 (Ky App 1990) unjust enrichment recovery for improvements- estoppel requires a promise of ownership of property - not paid

Guarantee Elec. Co. v Big Rivers Elec Corp, 669 FSupp 1371,(WD Ky 1987) lien not exclusive, common law lien cumulative with statute lien

Perkins v Daugherty, 722 SW2d 907, (Ky App 1987) implied contract - lien and interest- verbal agreement for set fee per hour, lower court ruling affirmed -claim paid

Emerson v Emerson 709 SW2d 853 (Ky 1986) lien for good faith improver- jury is advisory only in an equity case- cites Ushers, Shepherds, Cheshire v Barbour, 481 SW2d 274 (1972) Kellum - payment ruled again, upheld on appeal, no prior interest allowed,

Cheshire v Barbour, 455 SW2d 62 (1970) Kellum - 5 yr StatLimit - at death or prior to death, if services cannot be otherwise measured then specific performance is allowable, proof of personal services required as evidence, remand of jury ruling to pay, due to lack of evidence.

Driggers Const Co v Hopper, 447 SW2d 96 ( Ky 1969) claim paid and affirmed - contract to do work was express, price was indefinite, and implied as reasonable

Averett v Bellamy, 406 SW2d 410, (1966) equitable case has no implied consent to follow jury ruling

Dieterle v Gatton, 366 F2d 386, (CA Ky 1966) [397 F2d 155] implied contract recovery, Kellum

Bailis v Reconstruction Corporation, 128 F2d 857 at 859. (3rd Cir 1942) contract implied in law has no relation to intent of parties

Herrmann v Gleason, 126 F2d 936, 939 (6 Cir 1942) implied contract & unjust enrichment

Thomas v Thomas 398 SW2d 231 (1965) payment for services is not advancement Kellum

Miller v Miller, 335 SW2d 884, ( Ky 1960) specific performance awarded - StatFrauds not applicable, consideration was relinquishment of right to use bastardy proceedings

Bradshaw v Kinnard, 319 SW2d 475, (1958) farm & 14 acre tobacco base -quasi contract or unjust enrichment - identical results- Kellum- damages are to be determined upon remand.

Simmons v Atteberry, 310 SW2d 543 (Ky 1958) construction - , contract to do work was express, price was indefinite, and implied as recovery for fair and reasonable value to be paid and affirmed

Fayette Tob Warehouse v Lex Tob Board of Trade, 299 SW2d 640 (1957) Kellum- quasi contract, contract implied in law, law of natural justice, benefits inure to all warehouses, so all must comply with regulations, no payments to anyone

Remmele v Kinstler, 298 SW2d 680 (1957) Kellum-advancement of 50 acres

Montgomery v Smith 288 SW2d 625(1956) tenant/son cannot recover over and above crop, Kellum - proof of express contract missing -

Victor's Ex'r v Monson, 283 SW2d 177, (1955) declare upon express and implied will not allow recovery, ruling for payment remand to circuit, Kellum -

State Auto Ins Co v Wilson, 280 SW2d 537 (Ky 1955) 3rd party implied contract may exist

Fortney v. Eliott Adm'r, 273 SW2d 51 (1954) Kellum - services not paid, deed made valid, sale upheld,

Bitzer v MoockÕs ExÕr, 271 SW2d 877, (1954) equitable conversion realty to cash which escapes the StatFrauds ] denied, claim denied

Thompson v Hunter, 269 SW2d 268 (1954) Kellum - contract implied in fact - specific contract for board does not preclude quantum meruit, not kin, remand for payment

Clinkinbeard v Poole, 266 SW2d 796, (Ky. 1954 ) realty sale - quantum meruit -realty commission to be paid even if vendor reneges on sale

Mills' Adm'x v Mills, 265 SW2d 458.(Ky. 1954) lien for son improver - sale may be set aside, reluctantly.

Frazier v Frazier, 264 SW2d 665, (1954) brother/sister lot - estoppel about location of dwelling - lien for good faith improver

Stepp v Leslie 263 SW2d 122, (Ky 1953) lien is in rem against land, mother & daughter on remand, husbandÕs improvements may be added on amended complaint

Rider v Combs, 256 SW2d 749 (1953) Kellum- judgement of payment reversed, no agreement to pay, express or implied

Hartlage v Buchheit, 254 SW2d 343 (Ky 1953) gratuitous versus implied promise - Kellum StatLimit raised, payment made, not great

Johnsons Adm'r v Johnson 244 S.W.2d 969 (1951) implied contract - not paid - StatLimit 5 yrs - father/son farms, tainted testimony, Kellum

Staples Ex Ex'r v. Barrett, 242 SW2d 998 (195?) Kellum - mutual convenience, partnership farming for years, express or implied, express required in this case

Vest v Scearce's Adm'r, 226 SW2d 942 (1950) quantum meruit- a contract to pay reasonable value of services rendered will be implied and promisee will be entitled to recover value of services on a quantum meruit basis, where oral contract to divise realty cannot be maintained due to statute of frauds.

Berry's Exr's v. Jones, 217 SW2d 972 (1949) Kellum - 5 yr StatLimits, evidence showed that decedent expected to pay, old will devised claimant 1/3 estate, contract was express, niece paid

ICRR v Recon Finance, 68 FSupp 78, 81-82, aff'd 177 F2d 201, (Ky 1947) implied contract, express contract, quasi-contract, Kellum

Cheatham's Ex'r v Parr, 214 SW2d 91,( Ky 1948) implied contract for non personal services, Kellum, breach of contract is based upon contract, implied contract is result of performed work.

Head v Schwartz Ex'r, 202 SW2d 623, (1947) benefit unmeasurable, value of property due, - case for breach of parol contract dismissed and affirmed, quantum meruit theory set forth.

Sword v Moore's Adm'r, 198 SW2d 215, (1947) services to be paid, implied, Kellum, StatLimit, gratuitous

Corbin's Ex'rs v Corbin, 194 SW2d 65, (Ky 1946); 166 SW2d 826, (1942) implied versus gratuitous Kellum, no debt due, trust in realty

Bleak v Machen, 192 SW2d 958 (1946) Kellum, express contract with indefinite compensation requires settlement of reasonable value.

Heem Haskins Coal Corp v Pratt, 187 SW2d 435, (Ky 1945 ) quantum meruit if contract is not complete, Kellum, without a meeting of the minds there is no binding contract, pleading express contract will allow recovery under implied contract without an amended pleading, compensation due is reasonable recovery.

Carpenter v Carpenter, 187 SW2d 282 (1945) oral contract to convey real property, promisee performed, benefit unmeasurable, promisor owes value of property due, incompetent testimony to be excluded, express contract removes case from gratuity category.

Wides v Wides' Ex'r, 184 SW2d 579, (1944) written agreement, agreement with consideration to divise enforced, trust formed by document to devise.

Denney's Adm'r v Albright, 183 SW2d 937 (1944) Kellum, payment made to related claimant upon implied contract for care

Tidwell v OBrianÕs Adm'r, 181 SW2d 260, (1944) assumpsit, parol contract for sale of land, StatFrauds

Martin v Hall, 180 SW2d 390, (1944); Newman, Hall v Hall, 128 SW2d 201, (1939) lien for improvements deeds for land disputed, undue influence

Strunks Lane & Jellico Mountain Coal &Coke Co. v Anderson, 180 SW2d 385,(Ky 1944) lien for good faith improver only

Scanlon's Ext'r v Hinz, 178 SW2d 587 (1944) Kellum, claim paid, pre-judgement interest reversed and not paid.

Stacy's Adm'r v Stacy, 178 SW2d 42 (1944) Kellum, mother/daughter, 5 yr StatLimit, relative claimant paid if both parties intend remuneration to be due. Legal fees are not chargeable to the estate.

Israel's Adm'r v Rice, 174 SW2d 517 (1943) Kellum, extraordinary care is nursing, personal care, washing, ironing, mending, 5 yr StatLimit, beneficiary intended payment, A Contract/Promise may be 1) writing, 2) oral agreement 3) acts 4) partially each above.

Dane v. Welborn, 161 SW2d 941 (1942) Kellum, interest from date of filing of action, 10 yr claims paid, account stated in multiple figures HehrÕs AdmÕr v Hehr, 157 SW2d 111, (1941) lost written contract, bastardy paid

Shepherd v Halsall, 155 SW2d 853, (1941) lien for good faith improver, improver has possession and lien, increased vendible value.

Gayheart's Adm'r v Gayheart, 155 SW2d 1 (1941) s/mother estate, implied versus gratuitous, Kellum, claim not paid, mutual expectation of payment required.

Rhoads v Laswell's Adm'r, 143 SW2d 175, (Ky 1940) gratuity versus express and implied contract, daughterÕs claim not paid, insufficient proof of express contract.

Rudd v Planters Bank, 141 SW2d 299, (1940) statute of frauds is shield only, value of services is value of recovery, proof failed, claims dismissed, no kin, reasonable value of services due if personal services. benefit unmeasurable, promisor owes value of property due.

Jordon's Adm'x v Burton 135 SW2d 684, (1940) oral contract to convey real property, promisee performed, benefit unmeasurable, promisor owes value of property due, benefit unmeasurable, promisor owes value of property due, service for life, quantum meruit, 1) StatFrauds, 2)clear and convincing proof required, 3) contract to divise must be made before work commences, 4) mere statement of intentions is insufficient to establish a contract to divise, 5) conduct and statement consistency required.

Thompson v. Close, 134 SW2d 637, (1939) Kellum, nephew not paid, no StatLimits mentioned, no proof of express agreement for debt; food etc not chargeable.

Goodall v. Warden's Adm'r,133 SW2d 944, (1939) Kellum, note not proven by consideration, no express contract for services or contract implied in fact, note not paid.

Bard v. Bard, 132 SW2d 46, (1939) Kellum, implied contract, Proper form of affidavit of proof of claims discussed, claims for r/board paid.

Forester v. Coombs Land Co., 126 SW2d 433, (1939) sidewalk construction case, promissory estoppel, prevents complaint or claim for trespass later.

Kemper v. Ashel's Adm'r , 114 SW2d 525 (1938) Kellum, deceased UK student, claim for reasonable service due boarding house, claim paid.

Union Central Insurance Co. v. Glasscock 110 SW2d 681 (1937) unjust enrichment, Kellum, encumbered land sale is rescinded and payment refunded, contract implied in law for payment on encumbered deed.

McMillen V Bailey, 106 SW2d 638, (1937) lien for improvement, or removal or salvage, case not conclusive, remand.

Duke's Adm'r v. Patton, 95 SW2d 250, (1936) Kellum, express contracts and implied contracts are combined herein, judgement to pay is rescinded due to incompetent testimony.

Adams' Adm'rs v Adams, 95 SW2d 31, (1936) Kellum, StatFrauds, 5 yr StatLimit, expression of intention is not express contract, reversal of jury judgement to pay.

National Sur. Corp. v. Mullins, 90 SW2d 707,(1936) implied promise to pay value of services, just, reasonable, lawful defined, default in case of courthouse liens for unpaid labor- claim paid.

Holcomb v. Ky Union Co. 90 SW2d 25, 28 (1936) assumpsit, parol contract for land, Kellum, money due on contract is transitory, venue anywhere, appeal reinstated dismissed case against employer/ parol donor.

Powell's Adm'r v. Powell, 88 SW2d 694 (1935) Kellum, relatives can recover if decedent expected to pay. wife/daughter to be paid for extraordinary services, appeal was for low jury award, affirmed.

Kruse's Adm'r v Corder, 81 SW2d 600, (1935) quantum meruit for services, remand for incorrect jury instructions, contract and value of contract are separate issues for jury. jury had ruled for payment, reasonable value of services due under implied contract.

Maloney v. Maloney, 80 SW2d 611, (1935) oral contract to convey real property, benefit unmeasurable, value of property due, StatFrauds, claim dismissed, Uniform Sales Act applied.

Price v Aylor, 79 SW2d 350, (1935) concept of mutual wills is not binding under StatFrauds, will claim not paid.

Vogel v Massey, 76 SW2d 257, ( ) Armstrong's Commee v Clark's Adm'r, 72 SW2d 1007, (1934) Kellum, r/board 4 yr jury ruling paid.

Sneed's Ex'r v Smith 72 SW2d 1028, (1934) parol contract to devise for services, benefit unmeasurable, value of property due, testimony is incompetent, remand of adverse ruling, payment to be made from 2nd trial.

Flynn's Exr's v Mullett, 70 SW2d 978, (1934) reasonable value of services would be due under express or implied contract, Kellum, services already paid, not due.

Kreuzman Adm'r v Nienaber, 69 SW2d 368, (1934) Kellum Vanover v Vanover, 67 SW2d 21, ( Ky 1934 ) implied, in the beginning, Kellum, claim dismissed, claim filing late. no implied contract in family or domestic relationship, s/ against heirs of stepmother.

Francis v Domino, 64 SW2d 571, (Ky 1933) quantum meruit will operate in conjunction with an express written contract, lien and accounting, contract for stone @ $10.00 per cubic yd net upheld.

ThorntonÕs AdmÕr v MintonÕs ExÕr, 64 SW2d 158, (1933) StatLimits, debt payment of new note.

Niswonger v Burton, 61 SW2d 894, (1933) implied contract, Kellum, no contract existed, claim not paid. Sullivan's Adm'r v Sullivan, 59 SW2d 999, (1933) Kellum, contract was made in the beginning, payment made, reasonable value of services due under implied contract.

Lee v McCrocklin Adm'r, 56 SW2d 564, (1933) oral contract to devise for services, no statute of frauds, waky old lady devises estate to church, will upheld, no claim paid, benefit unmeasurable, value of property due to claimant.

Gibson v Crawford, 56 SW2d 985, (1933) benefit unmeasurable, value of property due, benefit unmeasurable, value of property due, StatFrauds is shield only, all wills are revocable, mutual wills are ÒnullitiesÓ, no sevices performed for which to pay.

Stidham v Oneal's Adm'r, 54 SW2d 54, (1932) Kellum, 5 yr StatLimit, admissibility of evidence case, reversal of dismissal for trial.

Gover's Adm'r v Waddell, 54 SW2d 20, (1932) Kellum, extraordinary services rendered to be paid, claim offsets against note due upon farm sold by decedent to claimant.

Crocker v Crocker, 53 SW2d 357, (1932), father-son's estate, strict proof required, Kellum, gratuity & mutual convenience, remand for trial over r/board of deceased son between divorced parents and insurance settlement Moore's Adm'r v Wagner's Adm'r, 48 SW2d 15 (1932) benefit unmeasurable, value of property due, bastardy, remand of dismissal, claim to be paid.

Wise v GoldsmithÕs Adm, 40 SW2d 345, (1931) claims dismissed, niece/aunt. gratuitous services.

Hinton v Hinton's Ex'r, 40 SW2d 296, (1931) oral contract to convey real property, promisee performed, benefit unmeasurable, promisor owes value of property due, lien on property, StatFrauds, claim denied, no proof of agreement.

Ruehl v Davidson's Ext'r, 34 SW2d 937, (1931) cites Benje v Fouts, Kellum, proof positive as judge testifies to contract to give property to claimant.

GreenÕs AdmÕr v Smith, 28 SW2d 494, (1930) quantum meruit or implied contract is not applicable to ordinary services of close relative, no StatLimit, heir/ claimant paid for care/homemaking.

McMillen v Massey, 27 SW2d 416, (1929) bequest + claim due, dismissal reversed, legacy does not pay debt.

SmallÕs AdmÕr v Peters, 26 SW2d 491, (1930) benefit unmeasurable, value of property due, claim of promised bequest paid, all decedent owned was paid.

Deboe v Brown, 22 SW2d 111, (1929) benefit unmeasurable, value of property due, quantum meruit, sale of life estate for debt upheld.

Kellum v Browning, 21 SW2d 459 (1929) [28 SW2d 495] Haralambro's Exr v Christopher, 21 SW2d 983, (1929) benefit unmeasurable, value of property due, StatFrauds shield only, bill for fair sevices to be paid.

MurphyÕs ExÕr v Bryan, 18 SW2d 978, (1929) remand due to excessive jury ruling contrary to evidence, spoliation quote, many cites, contract in question.

ShraderÕs ExÕr v Shrader, 15 SW2d 246, (1929) benefit unmeasurable, value of property due, receipt of property under agreement to divise is trusteeship of property and not within StatFrauds. Contract is enforceable only to extent of trust bequest.

Glazebrook v Glazebrook Ex'r, 13 SW2d 776, (1929) benefit unmeasurable, value of property due, StatFrauds is shield only, equity will forbid SF from consummating a fraud, implied contract to pay will be enforced.

Eckton v Vinegar, 7 SW2d 487, (1928) quantum meruit, value of services paid and affirmed, benefit unmeasurable, value of property due.

Bowling v Bowling Adm'r, 300 SW 876, (1927) benefit unmeasurable, value of property due, bastardy, remand of dismissal.

Dean v Griffin, 290 SW 483, (1927) jury rules rooming house woman extraordinary payments, affirmed.

Wright v Wright, 285 SW 188, (1926) parol personality enforcement, mutual wills will be ennforced in equity, mutual promise is sufficient consideration, mutual consent makes a contract, and mutual consent is required to rescend the contract.

Clark v Hale, 273 SW 39, (1925) aunt/niece, payment expected, promised & made through court. claim paid.

Allen v Smith, 270 SW 782, (1925) , remand to determine what is extraordinary, after which extraordinary payments to be made.

Broughton v Broughton, 262 SW 1089, (1924) oral contract to convey real property, promisee performed, benefit unmeasurable, promisor owes value of property due, spoliation quote, StatFrauds will overcome parol contract, trust not established by parol.

DeFeverÕs ExÕr v Brooks, 262 SW 976, (1924) ruling for claimant affirmed, claim paid Sykes v Hurd, 242 SW 853 (1922) benefit unmeasurable, value of property due, deed made and upheld, consideration is valid for convenience.

Walker v Dill Adm'r, 218 SW 247, (1920) oral contract to convey real property, promisee performed, benefit unmeasurable, promisor owes value of property due, StatFrauds is shield only.

Duke's Adm'r v Crump, 215 SW 41, (1919) benefit unmeasurable, promisor owes value of property due, remand for trial, value of services to be determined.

Yowell v Bottom, 194 SW 768, (1917) 5 yr StatLimit, claim paid, Skinner v Rasche, 176 SW 942, (1915) specific performance awarded, trust on property or breach, will is written, contract written.

SturgeonÕs AdmÕr v McCorkel, 173 SW 149, (1915) benefit unmeasurable, promisor owes value of property due, service for life, no limit, legacy expected, claim paid.

Lewis v CreechÕs AdmÕr, 173 SW 133, (1915) bastardy, remand of dismissal.

Gross v Courtney, 170 SW 600, (1914); compensation for old age care.

Boone v Coe, 154 SW 900, (1913) StatFrauds relates to the remedy or mode of procedures, and not to the validity of the contract. out of state tenant has no right of lease or expenses, if costs did not benefit landlord, overrules McDaniels v Hutchinson, 124 SW 384, ( )

Humble v Humble, 153 SW 249, (1913) 5 yr care allowed dau-in-law claimant, services over a period of many years are not presumed to be gratuitous.

Bowling v Bowling, 142 SW 387, (1912) claim denied, kin, kin cites.

Marcum's Adm'x v Terry,142 SW 209, (1912) the law implied a promise where a party ought to promise, reasonable recovery for services.

Reinehart v Kelley, 140 SW 654 (1911) benefit unmeasurable, value of property due, parol contract for land allows lien for improvements.

Sutherland v SutherlandÕs ExrÕs, 134 SW 1152, (1911) dau in law denied a claim, no proof of expectation.

GreenÕs AdmÕr v Teutchmann, 97 SW 7, (1906) reasonable value of services is the measure of recovery, to be included in jury instructions, remand for new trial.

Waters v Cline, 85 SW 209, (Ky 1905) oral contract to convey real property, promisee performed, benefit unmeasurable, promisor owes value of property due.

Greens ExÕr v Green, 82 SW 1011, (1904) nephew not paid.

Doty's Adm'r v Doty's Gdn. 80 SW 803, (Ky 1904) oral contract to convey real property, promisee performed, benefit unmeasurable, promisor owes value of property due.

Jones v Comer, 76 SW 392, (Ky 1903) benefit unmeasurable, value of property due, infant surrendered promised bequest, not within SFrauds.

Best v BestÕs AdmÕr, 74 SW 738, (1903) burden upon estate to prove that payment was made if work was done. claim to be paid.

Darnell v Jones, 72 SW 1108, (1903) payment of increased value to good faith improver, removal of improvements.

Pittman v Pittman, 61 SW 461, (1901) compensation for definite legacy is absolute promise, no cause of action until death of deft. adopted son wanted money.

Story v Story, 61 SW 278 (1901) benefit unmeasurable, value of property due.

Brewer v Hieronymus, 41 SW 310 (1897) benefit unmeasurable, value of property due, no evidence of service, no contract enforceable to divise estate.

Usher's Ex'rs v Flood, 17 SW 132, (1891) benefit unmeasurable, value of property due, lien for good faith improver, letter promising house is not contract, possession is not deed, claim not paid.

Dant v Head, 13 SW 1073, (1890) StatFrauds is a shield only, the StatFrauds applies only to a contract in which neither party is to perform within one year. If one party performs, the SF cannot bar recovery by performer against non performer. Remand for actual fraud of value of devalued whiskey name brand.

Mercer v MercerÕs AdmÕr, 7 SW 307, (1888) cited as a shield only case, missing, parol will of doubtful witness not accepted - parol contract to support was denied due to bastardy.

Stower v Hollis, 83 Ky 544, (1886) cited as a shield only case, bastardy.

Benge v. Hiatt's Adm'r, 82 Ky 666, (1885) oral contract to convey real property, promisee performed, benefit unmeasurable, promisor owes value of property due, StatFrauds shield only, bastardy.

Berry v. Graddy, 1 Metc. 553, 58 Ky 553, (1859) oral contract to convey real property, promisee performed, benefit unmeasurable, promisor owes value of property due.

Thomas v. Thomas, 55 Ky 420, 16 B. Mont 420 (1855) payment of increased value to good faith improver.

Bell v. Barnett, 25 Ky 516, 2 JJ Marshall 516, (1829) payment of increased value to good faith improver.