Legal Opinion

Fannin v. Bellomy

Court of Appeals of Kentucky

Decided October 5, 1869PublishedCited by 2 opinions

CASE 13 — PETITION EQUITY APPEAL FROM BOYD CIRCUIT COURT. CITED— . 5 Litlcll, 179-80 ; Liggctt's heirs vs. Ashley, fyc. 2 Dana., 258 to 269 ; Harrison vs. Talbott. 12 B. Mon., 269-71; Grundy's heirs vs. Grundy, fyc, 3 Met., —; Fall vs. McMurtry.

1Opinion of the Court

JUDGE ROBERTSON

delivered tiie opinion op tiie court:

This suit- was brought by Bellomy against Fannin for the specific execution of a written contract, whereby the latter sold and covenanted to convey to the former, for the consideration of three hundred dollars, £: a certain boundary of land” (in Boyd county, describing it), “supposed to be one hundred acres, more or less.”

Fannin resisted a specific performance, on the allegation that the sale was for three dollars an acre of the .defined boundary, supposed bjr both parties to contain only about one hundred acres; but that a subsequent survey…

2Cases cited1 opinion

  1. Hughes v. SmithCourt of Appeals of Kentucky · 1834

3Cited by2 opinions

  1. Beckley v. GilmoreCourt of Appeals of Kentucky · 1921
  2. Green v. HammonsCourt of Appeals of Kentucky (pre-1976) · 1929

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