Massie v. Hiatt's Adm'r
Court of Appeals of Kentucky
Case 51 — DESCENT, WARRANTY APPEAL PROM HENRY CIRCUIT COURT. 1. It is error to adjudge in favor of Hiatt’s heirs against appellant, because-there has been no eviction of Hiatt’s vendees, and therefore no liability from his heirs to any vendee, immediate or remote. (1 Dana, 254; 4 lb., 255; 5 J. J. Mar., 425; 1 Litt., 395; 1 Mar., 390; Sneed, 37;. 11 B. Mon., 365.) ' 2. Appellant sold the land as commissioner of the Henry Circuit Court.
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Case 51 — DESCENT, WARRANTY APPEAL PROM HENRY CIRCUIT COURT. 1. It is error to adjudge in favor of Hiatt’s heirs against appellant, because-there has been no eviction of Hiatt’s vendees, and therefore no liability from his heirs to any vendee, immediate or remote. (1 Dana, 254; 4 lb., 255; 5 J. J. Mar., 425; 1 Litt., 395; 1 Mar., 390; Sneed, 37;. 11 B. Mon., 365.) ' 2. Appellant sold the land as commissioner of the Henry Circuit Court. Jo Ella’s part of the land was not sold by him. He sold the entire-tract of land as commissioner, as he was ordered to do, and in no case-can he be liable. 3.…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
Josepli M. Stapleton died intestate, leaving Ms widow and two cliildren surviving Mm. lie was the owner of a tract of land that was sold on the petition of the statutory guardian of these two infants not long after their father’s death, and Wm. Hiatt became the purchaser, and having paid the purchase money, obtained & deed *316to the land. Shortly after the death of Stapleton, and before this land was sold under the decree, his widow, being pregnant at his death, gave birth to a child, called Jo Ella, who intermarried with one Crawford, and is -an…
2Cited by6 opinions
- Deal v. . SextonSupreme Court of North Carolina · 1907
- Elliott v. Scoville's AssigneeCourt of Appeals of Kentucky · 1911
- Collett v. HiltonCourt of Appeals of Kentucky (pre-1976) · 1936
- Cole v. LewisCourt of Appeals of Kentucky · 1914
- Bradley v. BaysCourt of Appeals of Kentucky · 1914
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