Dawson v. Goodwin
Court of Appeals of Kentucky
•Chancery.- Case 45. ERROR TO SPENCER CIRCUIT. The facts of the case are stated in the opinion of the court. — Rep. 1. The survey in this case shows a surplus of thirty-one acres. The parties all supposed 'the tract to contain one hundred and sixty-seven acres, when it actually contained one hundred and ninety-eight acres.
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•Chancery.- Case 45. ERROR TO SPENCER CIRCUIT. The facts of the case are stated in the opinion of the court. — Rep. 1. The survey in this case shows a surplus of thirty-one acres. The parties all supposed 'the tract to contain one hundred and sixty-seven acres, when it actually contained one hundred and ninety-eight acres. Estimating that quantity at the price for which the other was sold it makes about the sum of $125. In equity who is entitled to this ? The man who never paid anything for it, and who has all he bargained for without it, or the creditor who has' an unsatisfied mortgage lien…
1Opinion of the Court
Judge Crenshaw
delivered the opinion of the Court—
Dawson and Eli Goodwin having each a lien up - on a tract of land, estimated at one hundred and sixty-seven acres, brought their suits against Snider, the equitable owner, and others, to subject the land to the satisfaction of their, respective claims. The land was decreed to be sold by the chancellor, as a tract of one hundred and sixty-seven acres, and John Goodwin became the purchaser. By the sale money the claim of Eli Goodwin was satisfied, but a considerable balance remained due upon the claim of Dawson, after the application towards its…
2Cited by2 opinions
- Landers v. ScroggyCourt of Appeals of Kentucky (pre-1976) · 1943
- Pope v. MyersCourt of Appeals of Kentucky (pre-1976) · 1927