Bynum v. Bailey's Administrator

Opinion of the Court by

Judge Sampson

Affirming.

Appellant, Bynum, instituted this action in the Graves circuit court against the heirs of Bailey to recover damages for breach of warranty of title to lands from which he had been ejected.

A former judgment in this case was reversed by this court, the opinion being found in 205 Ky. 384, to which .reference is made for a statement of the facts.

Bailey owned a tract of 183 acres of land which he had mortgaged for $7,000.00 to the Prudential Insurance Company, and also to a bank in Mayfield for $700.00, and later sold to Bynum for $9,500.00, only…