Anderson v. Dawson
Court of Appeals of Kentucky
Appeal from Logan Circuit Court. W. P. Sandidge, Circuit Judge. From a judgment of dismissal on demurrer to an amended petition, plaintiff appeals.
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Appeal from Logan Circuit Court. W. P. Sandidge, Circuit Judge. From a judgment of dismissal on demurrer to an amended petition, plaintiff appeals. POINTS AND AUTHORITIES. 3. The note referred to in this record is a negotiable instrument. 2. Where there is a material difference in the acreage of land covenanted to be conveyed and the acreage actually conveyed, the vendee may sue the vendor or at -his election may postpone his relief until the assignee of the deferred purchase money note presents it for payment. 3. 'Under the allegation of fraud and misrepresentation the vendee may ignore…
1Opinion of the Court
Opinion of the court by
Wm. Rogers Clay, Com^ missioner.-
Affirming.
On September 11, 1906, appellee, S. N. Dawson, and Ms wife executed and delivered to appellant, B. C. Anderson, a deed conveying tbe following tract of land: “A certain tract or parcel of land in Logan county, Ky., on tbe waters of Little Whippoorwill creek and bounded and described as follows: Beginning at a rock in center of land in Fanllin line corner to Fletcher; thence N. 85 3-4 deg. W. 39.17 chains with Fletcher line to a rock in Robert Carr’s line; thence with Carr’s line S. 57 1-4 deg. E. 20.25 chains to a rock .corner…
2Cases cited4 opinions
- Harrison v. TalbotCourt of Appeals of Kentucky · 1834
- Anthony v. HudsonCourt of Appeals of Kentucky · 1908
- Smith v. SmithCourt of Appeals of Kentucky · 1815
- Hazlip v. AustillCourt of Appeals of Kentucky · 1883
3Cited by7 opinions
- Boggs v. BushCourt of Appeals of Kentucky · 1909
- Page v. HoganCourt of Appeals of Kentucky · 1912
- Hartsfield v. WrayCourt of Appeals of Kentucky · 1918
- Beckley v. GilmoreCourt of Appeals of Kentucky · 1921
- Paisley v. HatterCourt of Appeals of Kentucky · 1911
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