Rose v. Ware
Court of Appeals of Kentucky
Case 50 — Action by E. J. Ware against Billie Rose on a Note, Involving a Land Sale in which Others are Made Parties. APPEAL FROM TODD CIRCUlI' COURT. Judgment for Plaintiff and Defendant Appeals. POINTS DISCUSSED HEREIN AND AUTHORITIES CITED IN .SUPPORT OF EACH CONTENTION. 1. Mrs. Rose did not accept the deed of appellee conveying said land to her.
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Case 50 — Action by E. J. Ware against Billie Rose on a Note, Involving a Land Sale in which Others are Made Parties. APPEAL FROM TODD CIRCUlI' COURT. Judgment for Plaintiff and Defendant Appeals. POINTS DISCUSSED HEREIN AND AUTHORITIES CITED IN .SUPPORT OF EACH CONTENTION. 1. Mrs. Rose did not accept the deed of appellee conveying said land to her. If she did, the acceptance of said deed and the execution of said note was procured by fraud. 2. The minds of the parties did not meet. Smith v. Cansler, 83 Ky., 368; 53 Am. St. Rep., 352; 11 Ky. Law Rep., 325; Bunnell v. Bunnell, 23 Ky. Law Rep.,…
1Opinion of the Court
Opinion op the court by
JUDGE BARKER
Affirming.
Appellee, E. J. Ware, instituted this action to recover a judgment on a note of appellant Billie Bose, dated May 9, 1899, and due one day thereafter, for the sum of $9,000. *426Appellant, in her answer, admits signing and delivering the note, but sets up as a defense: That it was executed and delivered pending a- negotiation between her and appellee looking to the purchase by her of a farm owned by him. That the terms of the sale had been agreed upon, subject! to the condition that appellee’s title was found to be va,lid, and was approved by…
2Cases cited13 opinions
- Greenhill v. BiggsCourt of Appeals of Kentucky · 1887
- Medlock v. SuterCourt of Appeals of Kentucky · 1882
- Chambers v. PleakCourt of Appeals of Kentucky · 1838
- Bransom v. ThompsonCourt of Appeals of Kentucky · 1883
- Stillwell v. LeavyCourt of Appeals of Kentucky · 1883
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Potter v. WallaceCourt of Appeals of Kentucky · 1919
- Wood v. WingfieldKentucky Supreme Court · 1991
- Boggess v. CrailCourt of Appeals of Kentucky (pre-1976) · 1928
- Hargis v. Flesher Petroleum Co.Court of Appeals of Kentucky (pre-1976) · 1929
- Turner v. BegleyCourt of Appeals of Kentucky (pre-1976) · 1931
9 more not listed; retrieve them via the Exa API.