English v. Thomasson
Court of Appeals of Kentucky
Case 46 — RESCISSION APPEAL FROM LOUISVILLE CHANCERY COURT. 1. It is an elementary rule that every man is presumed to know the origin of his own title. 2. It is absolutely clear that appellee’s title is not what he represented it to be. It is equally clear that the lot conveyed is partly in a public street when conveyed to appellant, and. therefore, the title conveyed is defective.
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Case 46 — RESCISSION APPEAL FROM LOUISVILLE CHANCERY COURT. 1. It is an elementary rule that every man is presumed to know the origin of his own title. 2. It is absolutely clear that appellee’s title is not what he represented it to be. It is equally clear that the lot conveyed is partly in a public street when conveyed to appellant, and. therefore, the title conveyed is defective. (Civil Code, section 126, subsection 1, section 113; 9 Bush, 65; "Wickliffe v. Lexington, 11 B. Mon.; 2 Bibb, 566; Buford Case, 14 Bush, 690; Bibb v. Prather. Sneed Rep., 137; Story’s Eq., 193; Eoard v. McComb, 12…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
On April 6,1874, tlie appellee, Thomasson, sold to the *281•appellant, English, a lot of land in the city of Louisville for $700, payable in four equal payments, and in one, two, three and four years from the date of the sale.
The deed, which was then made and accepted by English, retained a lien for the payment of the purchase money, and also contained a covenant of general warranty as to the title. ■
The vendee has been in the undisturbed possession of the lot since his purchase; and, having failed to pay for it, Thomasson brought this action against…
2Cases cited4 opinions
- Simpson v. HawkinsCourt of Appeals of Kentucky · 1833
- Taylor v. LyonCourt of Appeals of Kentucky · 1834
- Trumbo v. LockridgeCourt of Appeals of Kentucky · 1868
- Upshaw v. DebowCourt of Appeals of Kentucky · 1870
3Cited by17 opinions
- Livermore v. Middlesborough Town Lands Co.Court of Appeals of Kentucky · 1899
- Ison v. SandersCourt of Appeals of Kentucky · 1915
- Curd v. BethellCourt of Appeals of Kentucky (pre-1976) · 1932
- Decker v. SchulzeWashington Supreme Court · 1895
- Sellards v. AdamsCourt of Appeals of Kentucky · 1921
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