Legal Opinion

Woods v. James

Court of Appeals of Kentucky

Decided November 1, 1888PublishedCited by 12 opinions

Case 79 — PETITION EQUITY APPEAL prom mercer circuit court. 1. It is not necessary to the validity of a conveyance that the memorandum of 'acknowledgment by a married woman before a deputy clerk be embraced in the certificate of the clerk. (Amendment of May 10, 1884, to section 38, chapter 24, of General Statutes.) 2. An action for relief for fraud or mistake must be brought within ten years after the perpetration of the fraud.

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Case 79 — PETITION EQUITY APPEAL prom mercer circuit court. 1. It is not necessary to the validity of a conveyance that the memorandum of 'acknowledgment by a married woman before a deputy clerk be embraced in the certificate of the clerk. (Amendment of May 10, 1884, to section 38, chapter 24, of General Statutes.) 2. An action for relief for fraud or mistake must be brought within ten years after the perpetration of the fraud. (General Statutes, chapter 71, article 6, section 3.) When a deed is acknowledged by a married woman before a deputy clerk, and he indorses that acknowledgment on the…

1Opinion of the Court

JUDGE BENNETT

delivered the opinion op the court.

Geo. Woods, son of the appellant, and his wife, in May, 1873, conveyed to the appellant, by deed, two small tracts of land belonging to the wife. The wife having died in 1874 without issue, and leaving, as her next of kin, her two half sisters, the appellees, Miss Sallie Coleman and Mrs. Fanny R. James (formerly Coleman), wife of the appellee, Addison James, they, in January, 1884, brought this action against the appellant for the purpose of setting said conveyance aside, upon the grounds, first, that the deed of conveyance was void, and,…

2Cases cited3 opinions

  1. Fritschler v. KoehlerCourt of Appeals of Kentucky · 1885
  2. Franklin v. BeckerCourt of Appeals of Kentucky · 1874
  3. Gordon v. LeechCourt of Appeals of Kentucky · 1883

3Cited by12 opinions

  1. Cox v. SimmermanCourt of Appeals of Kentucky (pre-1976) · 1932
  2. Forman v. GaultCourt of Appeals of Kentucky (pre-1976) · 1930
  3. Swinebroad v. WoodCourt of Appeals of Kentucky · 1906
  4. Elkhorn Coal Corporation v. HiteCourt of Appeals of Kentucky (pre-1976) · 1928
  5. Cavanaugh v. BrittCourt of Appeals of Kentucky · 1890

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