Perkins v. Coleman
Court of Appeals of Kentucky
Case 97 — PETITION ORDINARY APPEAL FROM HENDERSON CIRCUIT COURT. None but parties and privies can plead an estoppel. Terry would be estopped as to Dunham, or any one claiming under him, but not as to-strangers. (Herman on Estoppel, vol. 1, sec. 20; Idem, vol. 2, secs. 586, 680; Mershom v. Mershom, 9 Bush, 639; Brown v. Griggs, 1 J. J. M., 27; Bank of Utica v. Merseeraux, 49 Am. Dec., 197, Corn-stock v. Smith, 23 Am.
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Case 97 — PETITION ORDINARY APPEAL FROM HENDERSON CIRCUIT COURT. None but parties and privies can plead an estoppel. Terry would be estopped as to Dunham, or any one claiming under him, but not as to-strangers. (Herman on Estoppel, vol. 1, sec. 20; Idem, vol. 2, secs. 586, 680; Mershom v. Mershom, 9 Bush, 639; Brown v. Griggs, 1 J. J. M., 27; Bank of Utica v. Merseeraux, 49 Am. Dec., 197, Corn-stock v. Smith, 23 Am. Dec., 670.) A covenant of general warranty in a deed not only estops the grantor and his heirs from setting up an after-acquired title, but has the effect of actually transferring…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion of the court.
N. Gr. Terry owned an undivided interest in the land in controversy, and, conveyed the whole of it *612to Horace Dunliam by deed of general warranty. Thereafter Terry inherited that part of the land that he did not own, and this action of ejectment is brought by Terry’s heirs to recover the possession of that part of the land thus inherited from the appellee. He resists the right of the appellants to recover the said, land upon the ground that the title that Terry inherited was transferred to his vendee by estoppel. The appellants contend that the…
2Cited by13 opinions
- Thomas v. BlandCourt of Appeals of Kentucky · 1890
- Fulton v. TeagerCourt of Appeals of Kentucky · 1919
- War Fork Land Company v. CarrCourt of Appeals of Kentucky (pre-1976) · 1930
- Burton v. CampbellCourt of Appeals of Kentucky · 1917
- Kentucky River Coal Corporation v. WilliamsCourt of Appeals of Kentucky (pre-1976) · 1928
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