Brothers v. Porter
Court of Appeals of Kentucky
Appeal from the Montgomery Circuit. Chancery. Case 24. The case stated and deciee of the Circuit Court. The assignor of a bond for title to land, is not responsible for the title, without he is guilty of fraud in ths sale thereof. Where land is purchased by several,and joint deed received, a trust results in favor of each to the extent of the consideration pd by each.
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Appeal from the Montgomery Circuit. Chancery. Case 24. The case stated and deciee of the Circuit Court. The assignor of a bond for title to land, is not responsible for the title, without he is guilty of fraud in ths sale thereof. Where land is purchased by several,and joint deed received, a trust results in favor of each to the extent of the consideration pd by each. So where a joint purchase is made by several, and separate notes given lor the considera t i o n, the Chancellor in enforcing the contract, will decree a conveyance in proportion to the price paid and agreed by each* Where there…
1Opinion of the CourtChief Justice Ewing
delivered the opinion of the Court. — Judge Bkeok did not sit in this case.
Peter Hon sold, by executory contract, a tract of 471 & acres of land, to Porter, Dougherty and Davenport, and gave his bond to convey, by quit claim deed. Porter afterwards purchased out the interest of Dougherty, and he and Davenport sold, by executory contract, the same land to Huían, McMillan and Guerrant, and bound themselves to convey, when the last payment was made, “by the same kind of title that Peter Hon was to make to them, or cause said Hon to convey.” Huían [sold his interest to Brothers, for $1,700…
2Cited by7 opinions
- Foster v. ShreveCourt of Appeals of Kentucky · 1869
- Lewis v. Montgomery Mutual Building & Loan Ass'nSupreme Court of Alabama · 1881
- Linn Boyd Tobacco Warehouse Co. v. TerrillCourt of Appeals of Kentucky · 1877
- Baldwin v. HowellNew Jersey Court of Chancery · 1889
- Mize v. DayCourt of Appeals of Kentucky · 1913
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