Hanson v. Buckner's
Court of Appeals of Kentucky
Covenant. From the Circuit Court for Bracken County. Statement of the case. When a bill of exceptions state* that a party read the record of a suit, as evidence, it must be understood that the entire record was offered, & made evidence, though but a part was legal evidence iij the case on trial ; and unless it appears that the inadmissible portion was objected to, it will be presumed that the objecfip^ was waived.
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Covenant. From the Circuit Court for Bracken County. Statement of the case. When a bill of exceptions state* that a party read the record of a suit, as evidence, it must be understood that the entire record was offered, & made evidence, though but a part was legal evidence iij the case on trial ; and unless it appears that the inadmissible portion was objected to, it will be presumed that the objecfip^ was waived. The consideration q f- • natural affection is sufficient to sustain a covenant of yvavranty, at law or in equity: the relation of grandfather and grandchild is vyitjhin.…
1Opinion of the Court
Judge Ewing
delivered the Opinion of the Court.
In 1819, Philip Buckner, for the consideration expressed in the deed, of five hundred dollars, conveyed to Amos O. Hanson two hundred acres of land—with covenant of general warranty. After Buckner’s death, this suit was brought against his executor and devisees, for an alleged breach of the warranty.
Defendants plead covenants performed—with leav® to set up any matter in defence, which could be specially pleaded, &c.
After the plaintiff had closed his evidence, on the trial, the Court, at the instance of the defendant’s counsel, instructed the jury,…
2Cases cited2 opinions
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