Gossom v. Donaldson
Court of Appeals of Kentucky
Case 34. Chancery. APPEAL FROM WARREN CIRCUIT. Argued—1st. It is insisted that the appellee has failed to show title to the land which he seeks to recover. The reversal of the decree of the circuit court, under which the land was sold in 1830, which reversal took place in 1831, rendered the deed executed by the commissioner who made the sale invalid.
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Case 34. Chancery. APPEAL FROM WARREN CIRCUIT. Argued—1st. It is insisted that the appellee has failed to show title to the land which he seeks to recover. The reversal of the decree of the circuit court, under which the land was sold in 1830, which reversal took place in 1831, rendered the deed executed by the commissioner who made the sale invalid. (See Thompson vs Mason, 4 Bibb, 196.) This deed is-the foundation of appellee’s claim; if it fails to sustain his title he fails. He is a purchaser under his-own decree; so soon as that decree was reversed', his title failed'. Subsequently, upon…
1Opinion of the Court
Judge Simpson
delivered the opinion of the court.
Holdensby Dixon being the owner of one undivided sixth part of a tract of land, containing four hundred acres, which had been patented in the name of his father, John Dixon, deceased, Presley Donaldson, in February, 1824, brought a suit in chancery to subject this undivided interest to sale, for the payment of a debt which the said Holdensby Dixon owed him. On the 27th of November, 1829, a decree was-rendered in that suit, making partition of said tract of land, and allotting one-sixth part thereof to Holdensby Dixon, which was ordered to be…
2Cases cited3 opinions
- Bustard v. GatesCourt of Appeals of Kentucky · 1836
- Benningfield v. Reed & SutherlandCourt of Appeals of Kentucky · 1847
- Lampton v. Usher's HeirsCourt of Appeals of Kentucky · 1846
3Cited by2 opinions
- Pope v. BrassfieldCourt of Appeals of Kentucky · 1901
- Louisville Asphalt Co. v. CobbCourt of Appeals of Kentucky (pre-1976) · 1949