Geoghegan v. Ditto
Court of Appeals of Kentucky
CASE 19 — PETITION ORDINARY — APTEAL PROM HAKDIJf CIRCUIT COURT. cited 4 J. /. Mar., 291, 588; 1 B. Mon., 240 ; 2 lb., 256; 7 Mon., 615 ; 5 Dana, 576; 7 lb., 393. cited 1 Met., 169; Civil Code, secs. 1^6, 565; chap 10, Rev. Stat.; lb., page 127; 3 Litt., 426; 1 Parsons on Contracts, 394-5; 1 Sanders, 264, note 1; Smith on Contracts, 112, 3d Amer. ed.; Civil Code, secs. 12, 128, 162, 165; Rev. Stat., 340, chap. 37, secs. 35, 36, 37.
1Opinion of the Court
JUDGE DUVALL
delivered the otinion oe tiie court:
This case was formerly before this court, and the opinion then delivered, as reported in 1 Met. Ky. Rep., 169, is referred to for a full statement of the facts upon which the controversy arose.
On the return of the case to the circuit court, the appellants offered to file amended answers, setting up various distinct grounds of defense, the substance of which may be thus stated:
1. They insist that the writing by which Ditto gave up to the sheriff the land in contest, to be sold under the execution which had issued on the void forthcoming bond,…
2Cases cited2 opinions
- Hanna v. PleasantsCourt of Appeals of Kentucky · 1834
- Shepherd v. McIntireCourt of Appeals of Kentucky · 1837
3Cited by7 opinions
- Dresser v. KronbergSupreme Judicial Court of Maine · 1911
- Higdon v. Wayne County Security Co.Court of Appeals of Kentucky · 1913
- Townsend v. TiptonCourt of Appeals of Kentucky (pre-1976) · 1942
- Plummer v. Insurance Co. of North AmericaSupreme Judicial Court of Maine · 1915
- Dyer v. Piscataqua Fire & Marine Ins.Supreme Judicial Court of Maine · 1865
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