Bybee v. Smith
Court of Appeals of Kentucky
Case 100 — PETITION EQUITY — APPEAL FROM BARREN CIRCUIT COURT. 1. In an action to enforce a lien for purchase money for land, when the contract is evidenced by title bond, the petition must allege that the vendor has good title and is able and willing to convey.
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Case 100 — PETITION EQUITY — APPEAL FROM BARREN CIRCUIT COURT. 1. In an action to enforce a lien for purchase money for land, when the contract is evidenced by title bond, the petition must allege that the vendor has good title and is able and willing to convey. (Mills v. Metcalf, 3 Littell, 421; Calvin v. Duncan, 12 Bush, 102.) 2. A lien on land is only an incident to the debt contracted by the purchaser, and can not be enforced unless both parties are competent to contract. One of the contracting parties being a married woman, the contract of purchase was void. (7 Bush, 419 ; Robinson v.…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion oe the court.
There has been no brief filed for appellee.
The appellee, as the assignee of J. R. Smith of a note for $220.55, which was executed by the appellant, Mrs. E. M. Bybee, who was at that time, and is now, a married woman,, brought suit against the appellant, joining with her her husband, on said note, and sought to enforce a lien on a certain tract of land, which, it is alleged, said J. R. Smith sold to Mrs. E. M. Bybee by title bond, and for the last payment of which the note sued on was executed.
The rule in this State is, that a vendor’s petition…
2Cases cited2 opinions
- Worthley's Administrator v. HammondCourt of Appeals of Kentucky · 1877
- Johnston v. JonesCourt of Appeals of Kentucky · 1851
3Cited by1 opinion
- Baird v. PrewittCourt of Appeals of Kentucky · 1914