Bullock v. Graham & Co.
Court of Appeals of Kentucky
Case 21 — PETITION EQUITY To authorize the enforcement of a lien for purchase money for land, or to authorize a judgment for a deferred payment, the petition must set forth the terms of the agreement, character of title to be made, and the ability and willingness to convey according to the terms of purchase.
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Case 21 — PETITION EQUITY To authorize the enforcement of a lien for purchase money for land, or to authorize a judgment for a deferred payment, the petition must set forth the terms of the agreement, character of title to be made, and the ability and willingness to convey according to the terms of purchase. (Williams v. Duncan, 3 Bush, 186; Galvin v. Duncan, 12 Bush, 102.) Plaintiff is entitled to personal judgment on a note for land notwithstanding the petition does not allege the contract of sale and purchase, nor the ability and readiness to convey, in such a way as to entitle plaintiff…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
The appellant, James Bullock, executed his promissory note to one T. E. Boone, and the latter assigned it to the appellees, Graham & Co. It specifies that it is for the second payment on land, and that a lien is retained thereon to secure its payment. The appellees sued the appellant upon it, asking, in their petition both a personal judgment, and that the lien be enforced against the land. The averments of the petition are sufficient to authorize a judgment in personam upon the note, but are insufficient to authorize one in rem. The appellant…
2Cases cited2 opinions
- Calvin v. DuncanCourt of Appeals of Kentucky · 1876
- Williams v. AbrahamsCourt of Appeals of Kentucky · 1867
3Cited by2 opinions
- Baird v. PrewittCourt of Appeals of Kentucky · 1914
- Hensley v. HensleyCourt of Appeals of Kentucky (pre-1976) · 1933