Thomas v. Bland
Court of Appeals of Kentucky
Case 1 — PETITION ORDINARY — APPEAL FROM NELSON CIRCUIT COURT. 1. Judgment dismissing an action upon general demurrer may be pleaded in bar to another suit for same cause of action.
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Case 1 — PETITION ORDINARY — APPEAL FROM NELSON CIRCUIT COURT. 1. Judgment dismissing an action upon general demurrer may be pleaded in bar to another suit for same cause of action. (Gould v. Evansville R. Go., 91 U. S, 526; Alley v. Nott, 111 U. S., 472; Price V. Sthroshly, 2 Bibb. 589; Daniel v. Morrison, 6 Dana, 187; Curts v. Trustees of Bardstown, 6 J. J. M., 538; Woolley, &c., v. Louisville Banking Co., 81 Ky., 527.) 2. The liability of the grantor upon his covenant of warranty is a liability created by statute, and, no other time being fixed by the statute, the action must be commenced…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion oe the court.
The appellee, as the purchaser at decretal sale of the tract of land that the appellant sold to Y. R. Stiles with covenant of warranty of title, said land having been sold at said decretal sale as the property of Y. R. Stiles, instituted this action on the appellant’s covenant of warranty to said Stiles to recover damages for the loss of said land by eviction after said purchase at decretal sale under a paramount adverse title.
The first question that the appellant makes is, that appellee can not recover on said covenant of warranty, *3because his…
2Cases cited7 opinions
- Gould v. Evansville & Crawfordsville R. Co.Supreme Court of the United States · 1876
- Pepper v. DonnellyCourt of Appeals of Kentucky · 1888
- Perkins v. ColemanCourt of Appeals of Kentucky · 1890
- Cummins v. KennedyCourt of Appeals of Kentucky · 1823
- Yankey v. SweeneyCourt of Appeals of Kentucky · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Cassidy v. YoungCourt of Appeals of Kentucky · 1891
- Robenson v. YannCourt of Appeals of Kentucky (pre-1976) · 1928
- Strong v. Louisville Nashville Railroad Co.Court of Appeals of Kentucky (pre-1976) · 1931
- Eli v. TrentCourt of Appeals of Kentucky · 1922
- Capaccio v. MerrillMassachusetts Supreme Judicial Court · 1915
15 more not listed; retrieve them via the Exa API.