Nave v. Price
Court of Appeals of Kentucky
Case 12 — Action by M. Haevey N-ave Against Saijlie E. ©rice to Recover ice a Deficiency in a Tract of Land. appeal from fayette circuit court.
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Case 12 — Action by M. Haevey N-ave Against Saijlie E. ©rice to Recover ice a Deficiency in a Tract of Land. appeal from fayette circuit court. Judgment for Defendant and Plaintiff Appeals. 1. The transaction — the mistake — in respect of which relief is sought in this action, and from which the ten year period of limitation must be computed, is the overpayment of purchase money made by appellant in 1887, and not the making of the deed in 1880. 2. An -answer, therefore, which simply alleges that isome other mistake as against which no relief is sought, to-wit, the mistake involved in the…
1Opinion of the Court
Opinion of the cotjkt by
JUDGE PAYNTER
Affirming.
In 1880 the appellee conveyed to the appellant a tract of land by a deed of general warranty. For the purchase money the appellant executed to the appellee his note. The last payment for the purchase price was made September 10, 1887, and in 1896 the appellant discovered there was a deficiency of nearly thirty -one acres in the boundary conveyed. The amount overpaid, as alleged, is something over $1,100. On April 17, 1897, the appellant instituted this action to recover the sum overpaid and interest. The question involved in this case is aS' to…
2Cases cited6 opinions
- Harrison v. TalbotCourt of Appeals of Kentucky · 1834
- Brown v. BrownCourt of Appeals of Kentucky · 1889
- Biggs v. Lexington & Big Sandy RailroadCourt of Appeals of Kentucky · 1881
- Dorsey v. PhillipsCourt of Appeals of Kentucky · 1886
- Dye v. HollandCourt of Appeals of Kentucky · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Morris v. McDonaldCourt of Appeals of Kentucky · 1922
- Salyer v. BlessingCourt of Appeals of Kentucky · 1913
- Graham's Administrator v. EnglishCourt of Appeals of Kentucky · 1914
- Gragg v. LeviCourt of Appeals of Kentucky · 1919
- Jordan v. HowardCourt of Appeals of Kentucky (pre-1976) · 1932
11 more not listed; retrieve them via the Exa API.