Elliott v. Saufley
Court of Appeals of Kentucky
Case 9 — PETITION EQUITY APPEAL PROM LINCOLN CIRCUIT COURT. 1. Appellant was bound to make defense in good faith to the suit of Nancy Walls and others against himself; or, failing in that, assumed the burden of showing that the title to which he surrendered was actually paramount to that he derived from his vendor. His failure to make defense was at his peril.
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Case 9 — PETITION EQUITY APPEAL PROM LINCOLN CIRCUIT COURT. 1. Appellant was bound to make defense in good faith to the suit of Nancy Walls and others against himself; or, failing in that, assumed the burden of showing that the title to which he surrendered was actually paramount to that he derived from his vendor. His failure to make defense was at his peril. (Sedgwick on Damages, pp 175-6.) 2. Where land is sold under the judgment of the chancellor in a suit, under the act of 1856, and one of the creditors was not a party, he cannot, after such sale, even if he had a pre-existing lien on…
1Opinion of the CourtChief Justice Lewis
In 1872 John W. Estis and others, heirs-at-law of James Estis, conveyed a tract of land, of about thirty-two acres, to Geo. W. Estis, likewise an heir. And, following a recital in the deed that their father had, in his life-time, sold and given bond to convey the land to Geo. W., upon payment of the purchase price, six *54hundred and fifty dollars, of which one hundred and fifty dollars had been paid, and that by a settlement with the county judge he, as administrator of James Estis, was charged with said purchase money, and found indebted to the estate five hundred and nine dollars, was the…
2Cases cited2 opinions
- Woodward v. AllanCourt of Appeals of Kentucky · 1835
- Brooks, Waterfield & Co. v. Staton's adm'rCourt of Appeals of Kentucky · 1880
3Cited by12 opinions
- Bracklein v. Realty Ins. Co.Utah Supreme Court · 1938
- Parker v. CarterSupreme Court of Arkansas · 1909
- Orbeck v. AlfeiCourt of Appeals of Texas · 1925
- First National Bank of Berwyn v. RaymerSupreme Court of Oklahoma · 1937
- Edinger & Co. v. Southwestern Surety InsuranceCourt of Appeals of Kentucky · 1918
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