Brady v. Peck
Court of Appeals of Kentucky
Case 11 — PETITION ORDINARY APPEAL FROM GRAVES CIRCUIT COURT. 1. The allegation of the petition that “by the terms of the deed he warranted the title to said land against all persons whatsoever” is only a conclusion of law, and is not a sufficient allegation of a covenant or agreement of warranty. The pleader must aver the terms of the agreement so that the court may determine from the petition, without resorting to the exhibit whether or not the title was warranted.
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Case 11 — PETITION ORDINARY APPEAL FROM GRAVES CIRCUIT COURT. 1. The allegation of the petition that “by the terms of the deed he warranted the title to said land against all persons whatsoever” is only a conclusion of law, and is not a sufficient allegation of a covenant or agreement of warranty. The pleader must aver the terms of the agreement so that the court may determine from the petition, without resorting to the exhibit whether or not the title was warranted. (Murphy v. Estes, 6 Bush, 532; Stiners v. Baker, 87 Ky., 508; Cbitty on Pleadings, vol. 1, 16 Amer. Ed., 381; Huffaker v. Bank,…
1Opinion of the Court
JUDGE LANDES
delivered tiie opinión of the court.
Tbe action was for breach of covenant of warranty of title to a tract of land situated in the county of Carlisle, which the appellant sold and conveyed to the appellee. The land had been sold and conveyed by Mrs. Gray, a married woman, to Carrico, and by the latter to the appellant. The husband of Mrs. Gray did not join with her in the sale and conveyance, and they sued the appellee in ejectment to recover the land, and obtained judgment for it, under which the appellee was evicted.
The petition alleges, and the deed which is filed with it *44as an…
2Cited by4 opinions
- Shuey v. HoffmanCourt of Appeals of Kentucky (pre-1976) · 1928
- Harlan Coal & Coke Co. v. DavidsonCourt of Appeals of Kentucky · 1924
- Hofgesang v. SilverCourt of Appeals of Kentucky (pre-1976) · 1930
- Johnston v. Bank of Poplar Bluff.Missouri Court of Appeals · 1927