Ross v. Adams
Court of Appeals of Kentucky
Case 29 — PETITION EQUITY APPEAL FROM WHITLEY CIRCUIT COURT. First. The proper and necessary parties were not made to this suit. (Civil Code, secs. 35, 36.) Second. There was no such description of the land in the petition and judgment as is required by law. (Lawless v. Barger, 9 Bush, 665.) First. Appellant did not object in'court below because of any defect of parties, and can not now object on that ground in this court. (Civil Code, sec. 92.) Second.
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Case 29 — PETITION EQUITY APPEAL FROM WHITLEY CIRCUIT COURT. First. The proper and necessary parties were not made to this suit. (Civil Code, secs. 35, 36.) Second. There was no such description of the land in the petition and judgment as is required by law. (Lawless v. Barger, 9 Bush, 665.) First. Appellant did not object in'court below because of any defect of parties, and can not now object on that ground in this court. (Civil Code, sec. 92.) Second. The note filed with and as part of appellee’s petition shows it was given for the purchase money of appellant’s interest in the “John Ross…
1Opinion of the Court
.JUDGE ELLIOTT
delivered the opinion of the court.
By the provisions of the General Statutes a vendor of real -estate can enforce a lien against his immediate vendee, although he has made a deed and-failed to state therein the amount of ithe unpaid purchase price of the land, as the General Statutes only provide that “when any real estate shall be conveyed and the consideration, or any part thereof, remains unpaid, the *371grantor shall not have a lien for the same against bona fide creditors and purchasers, unless it is stated in the deed what part of the consideration remains unpaid.”
As appellee…
2Cited by7 opinions
- Ford v. Ford'sCourt of Appeals of Kentucky (pre-1976) · 1930
- Whiteley v. Central Trust Co. of New YorkCourt of Appeals for the Sixth Circuit · 1896
- Pace v. BerryCourt of Appeals of Kentucky · 1917
- Shaw v. McKnight-keaton Grocery Co.Court of Appeals of Kentucky (pre-1976) · 1929
- Gooch v. BengeCourt of Appeals of Kentucky · 1890
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