Brizzalaro v. Senour
Court of Appeals of Kentucky
Case 59 — ESTOPPEL APPEAL PROM KENTON CIRCUIT COURT. 1. A recital in a deed as to existing facts estops the maker and his subsequent vendees and privies in contract from denying his assertions in his deed. 2. Appellant can not he considered a stranger to the Bárbaro deed. CWickliffe v. City of Lexington, 11 B. Mon., 163, 155; 4 Kent, 473, 480, 12th edition, 480, note b; Harvy v. Frost, 10 Rich.
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Case 59 — ESTOPPEL APPEAL PROM KENTON CIRCUIT COURT. 1. A recital in a deed as to existing facts estops the maker and his subsequent vendees and privies in contract from denying his assertions in his deed. 2. Appellant can not he considered a stranger to the Bárbaro deed. CWickliffe v. City of Lexington, 11 B. Mon., 163, 155; 4 Kent, 473, 480, 12th edition, 480, note b; Harvy v. Frost, 10 Rich. (S. (’.) Equity, 109; DeEorrest v. Byrne, 1 Hilt. 43; Barker v. Smith, 17 Mass., 413; Livingston v. Mayor of Now York, 8 Wend., 85; Taylor v. Hepper, 2 Hun., 646; 62 N. Y. (17 Sick), 649; Spencer’s…
1Opinion of the Court
JUDGE PRYOR
dmjvejred this opinion op the coujrt.
The appellant, Brizzalaro, instituted this action, obtaining an injunction and seeking to recover damages of the appellee for obstructing an alley by building upon it, which is alleged was granted to his vendors by one Arnold, the original owner of the estate, and under whom it is alleged both the appellant and appellees ■claim.
The law and facts were submitted to the court and a judgment rendered for the defendants.
Arnold, the original owner of the ground in controversy, on the fifteenth of January, 1867, executed to one Bárbaro a conveyance to…
2Cited by6 opinions
- Schneider v. JacobCourt of Appeals of Kentucky · 1887
- Talbert v. MasonSupreme Court of Iowa · 1907
- Sturges v. SturgesCourt of Appeals of Kentucky · 1907
- Hughes v. LippincottNew Mexico Supreme Court · 1952
- Alexander v. TebeauCourt of Appeals of Kentucky · 1909
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