Bement v. Ohio Valley Banking & Trust Co.
Court of Appeals of Kentucky
Case 19 — PETITION EQUITY. APPEAL FROM HENDERSON CIRCUIT COURT. 1. In the deed from Joseph G. Adams to John C. Adams it is recited that the consideration is to be paid to Joseph Adams; that is a writt&n contract upon which Joseph Adams might bring suit at any time within fifteen years. (Elliott v. Saufley, 10 Ky. Law Rep., 958.) 2. The conveyances do not indicate any fraud on their faces, and recite valuable considerations.
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Case 19 — PETITION EQUITY. APPEAL FROM HENDERSON CIRCUIT COURT. 1. In the deed from Joseph G. Adams to John C. Adams it is recited that the consideration is to be paid to Joseph Adams; that is a writt&n contract upon which Joseph Adams might bring suit at any time within fifteen years. (Elliott v. Saufley, 10 Ky. Law Rep., 958.) 2. The conveyances do not indicate any fraud on their faces, and recite valuable considerations. It is not shown that Bement had any notice,-or could have learned by reasonable diligence that they were fraudulent or voluntary. -Therefore, Bement’s right of action for…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OR THE COURT.
Joseph Adams, having died in 1884 intestate, his son, John C. Adams, was appointed administrator, and in 1885 brought an action in equity to settle the estate, against which, how*111■ever, he set up individuals demands, arising from alleged payment of debts as surety of decedent, greater in amount than assets reported.
In 1888, C. R. Bement becoming on his petition a party defendant, filed an answer, made cross petition against John C. Adams. In it he stated and also showed that in 1880, Joseph Adams sold and by deed of warranty conveyed to him a tract…
2Cases cited1 opinion
- Garrard v. GarrardCourt of Appeals of Kentucky · 1870
3Cited by6 opinions
- Wren v. CookseyCourt of Appeals of Kentucky · 1913
- Henderson County v. Henderson Bridge Co.Court of Appeals of Kentucky · 1903
- Sumrall v. ManinniCourt of Appeals of Kentucky · 1906
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. McGuireCourt of Appeals of Kentucky · 1916
- George T. Stagg Co. v. E. H. Taylor, Jr., & SonsCourt of Appeals of Kentucky · 1902
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