Legal Opinion

Kyle's Administrator v. Fauntleroy's Administrator

Court of Appeals of Kentucky

Decided June 23, 1849PublishedCited by 1 opinion

Error to tiie Mercer Circuit. Vendor and Vendee.™ Warranty. Qosts. ©iianserv.. €ase 137.

1Opinion of the CourtChief Justice Maeshall

Tiie discovery of assets,ithe necessity of subjecting the real estate of the¿deceased warrantor, and the non residence oi most 01 the heirs, form* a sumcient tonuda-, *621tion for the jurisdiction of a Court of Equity, to give relief for a breach, of the warranty, contained in the ancestors deed. Whether the breach occurred before or after his death, and as there was a breach before the death of the covenantor, his administrator is entitled to sue for and recover the damages, or compensation which will of course be assets.

A vendeo by deed, was permitted to enjoy land purchased, when there was no…

2Cited by1 opinion

  1. White v. TuckerMississippi Supreme Court · 1876

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