Alexander v. Ellison
Court of Appeals of Kentucky
Case 29 — EQUITY APPEAL FROM CUMBERLAND CIRCUIT COURT. 1. The judgment is neither warranted by the pleadings, proof, nor • prayer for relief. 2. The answers of Thos. S. Ellison and E. S. Ellison are not made counter-claims or cross-petitions against any party whatever. They ought, in this state of case, to recover nothing.
Read the full summary
Case 29 — EQUITY APPEAL FROM CUMBERLAND CIRCUIT COURT. 1. The judgment is neither warranted by the pleadings, proof, nor • prayer for relief. 2. The answers of Thos. S. Ellison and E. S. Ellison are not made counter-claims or cross-petitions against any party whatever. They ought, in this state of case, to recover nothing. (Civil Code, sec. 97, subsec. 1; Cain v. Ray, 8 Bush, 343; Anderson v-Ward, 6 Mon.,. 419; 14 Bush, 210; 1 Duv., 366; subsec. 4, sec. 97, Civil Code.) 3. The grantor, T. J. Ellison, consented to the mortgage to' appellant. He arranged for and contrived it, and it was fully…
1Opinion of the CourtChief Justice Cofer
October 24, 1872, T. S. Ellison- and his wife, in consideration of ‘ ‘ four thousand dollars hereafter to be paid to the .parties of the first part by the parties of the second part, or ■to be accounted for by them in the final distribution of the estate of the parties of the first part,” sold and conveyed to their son, E. S. Ellison, and their daughter, Ellen M. S. Hoover, then the wife of J. R. Hoover, property known and described as the “ Burksville Male and Female Academy,” together •with all the land and appurtenances thereunto belonging. The interest conveyed to Mrs. Hoover was declared…
2Cases cited1 opinion
- Venable v. BeauchampCourt of Appeals of Kentucky · 1835
3Cited by13 opinions
- Cosgriff v. . FossNew York Court of Appeals · 1897
- Larmon v. LarmonCourt of Appeals of Kentucky · 1917
- Mastin v. Mastin's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1932
- Wainscott v. McBroomCourt of Appeals of Kentucky · 1924
- Cain's Administrator v. HubbleCourt of Appeals of Kentucky · 1919
8 more not listed; retrieve them via the Exa API.