Brown v. Ferrell
Court of Appeals of Kentucky
Case 61 — PETITION EQUITY — APPEAL PROM'CHRISTIAN CIRCUIT COURT. .No lien exists in favor of the vendors as against the infant' remainder-man, because the deed shows on its face that the purchase money was paid. (General Statutes, chapter 63, article^,, section 24.) The infant defendant’s interest accrued long after the purchase, and! subject to the payment of the purchase money, which the proof" shows has never been paid.
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Case 61 — PETITION EQUITY — APPEAL PROM'CHRISTIAN CIRCUIT COURT. .No lien exists in favor of the vendors as against the infant' remainder-man, because the deed shows on its face that the purchase money was paid. (General Statutes, chapter 63, article^,, section 24.) The infant defendant’s interest accrued long after the purchase, and! subject to the payment of the purchase money, which the proof" shows has never been paid. Appellant, therefore, acquired a perfect. title by his purchase.
1Opinion of the Court
JUDGE PBYOB
delivered the opinion of the court.
Section 24, article 1 of chapter 63, General Statutes, provides, '“that when any real estate shall be* conveyed, and the consideration, or any part thereof, .remains unpaid, the grantor shall not have a lien for* the same against bóna fide creditors and purchasers,, unless it is stated in the deed what part of the consideration remains unpaid.”
The conveyance in this case by William Ferrell to-his son John contains this provision: to have and to hold “unto said John Ferrell during life, and at. his death to his heirs by blood.”
At the time of the…
2Cited by12 opinions
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- Whiteley v. Central Trust Co. of New YorkCourt of Appeals for the Sixth Circuit · 1896
- Pace v. BerryCourt of Appeals of Kentucky · 1917
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