Smith v. Jones
Court of Appeals of Kentucky
Case 93 — PETITION EQUITY APPEAL PROM BOYD CIRCUIT COURT. The appellant never agreed to risk the warranty of the appellees except upon the faith of their representations that the property was free from incumbrances and the title to it good, and as appellees fraudulently suppressed the fact as to the existence of the restriction as to sale of liquor upon the premises, the appellant is entitled to protection.
Read the full summary
Case 93 — PETITION EQUITY APPEAL PROM BOYD CIRCUIT COURT. The appellant never agreed to risk the warranty of the appellees except upon the faith of their representations that the property was free from incumbrances and the title to it good, and as appellees fraudulently suppressed the fact as to the existence of the restriction as to sale of liquor upon the premises, the appellant is entitled to protection. The appellant can not suffer eviction, but the use of his property is restricted, which is a perpetual cloud upon his title. The moment the warranty was made it was broken because the…
1Opinion of the Court
JUDGE GRACE
delivered the opinion of the court.
Tbis is an appeal by Joseph G-. Smith, from a judgment rendered against him in the Bóyd Circuit Court, in favor of Catherine Jones and her husband, J. Paul Jones, on two notes of $2,000 each and interest, same being' executed by appellant for the unpaid purchase money on three certain lots in the city of Ashland, bought of Jones and wife in 1890.
In this sale a deed of conveyance was made and accepted by the purchaser, retaining lien for these unpaid purchase notes, and containing the usual clause of “general warranty” of title. This means by…
2Cases cited6 opinions
- Simpson v. HawkinsCourt of Appeals of Kentucky · 1833
- Butt v. RiffeCourt of Appeals of Kentucky · 1880
- English v. ThomassonCourt of Appeals of Kentucky · 1884
- Pryse v. McGuireCourt of Appeals of Kentucky · 1884
- Trumbo v. LockridgeCourt of Appeals of Kentucky · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Foxwell v. JusticeCourt of Appeals of Kentucky · 1921
- Eli v. TrentCourt of Appeals of Kentucky · 1922
- Seigle v. JasperCourt of Appeals of Kentucky · 1993
- Knight v. ClinkscalesSupreme Court of Oklahoma · 1915
- Waggener v. Howsley's AdministratorCourt of Appeals of Kentucky · 1915
5 more not listed; retrieve them via the Exa API.