Legal Opinion

Ryan v. Middlesborough Town Lands Co.

Court of Appeals of Kentucky

Decided March 14, 1899PublishedCited by 3 opinions

Case 15 — ACTION TO ENFORCE LIEN — APPEAL FROM BELL CIRCUIT COURT. 1. As to insufficiency of description of property. Ross v. Adams, 13 Bush, 370; Faught v. Henry, 13 Bush, 471. 2. As to invalidity of proceedings against nonresident. Brownfield v. Dyer, 7 Bush, 505; Max Meadows L. & I. Co. v. Brady, Virginia Court of Appeals, Va. Law Reg., 1895. 3. As to the sufficiency of answer, set-off and counterclaim.

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Case 15 — ACTION TO ENFORCE LIEN — APPEAL FROM BELL CIRCUIT COURT. 1. As to insufficiency of description of property. Ross v. Adams, 13 Bush, 370; Faught v. Henry, 13 Bush, 471. 2. As to invalidity of proceedings against nonresident. Brownfield v. Dyer, 7 Bush, 505; Max Meadows L. & I. Co. v. Brady, Virginia Court of Appeals, Va. Law Reg., 1895. 3. As to the sufficiency of answer, set-off and counterclaim. Wilson v. Carpenter, 91 Va., 184; Max Meadows L. & I. Co. v. Brady; Benjamin on Sales, vol. 1, 643, 644, 645, 646, notes 11 and 12; Herman on Estoppel, vol. 2-., par. 1169; par. 772, p.…

1Opinion of the Court

JUDGE DuRELLE

delivered the opinion oe the court.

The appellee brought suit against appellant and one B. L. Lloyd, alleging that its predecessor, the Middlesborough Town Company, had sold and conveyed to Lloyd a lot of land in Middlesborough, retaining a lien for the unpaid purchase money; that Lloyd, in part payment therefor, had executed three promissory notes, which were due and unpaid, and had been assigned to appellee for a valuable consideration; that Lloyd had sold the lot mentioned to the appellant, Ryan, by deed, which was acknowledged and delivered to and accepted by Ryan, and in…

2Cases cited4 opinions

  1. Sawyer v. PrickettSupreme Court of the United States · 1874
  2. Spicer v. ReesSupreme Court of Pennsylvania · 1835
  3. Kennedy & Bro. v. CunninghamCourt of Appeals of Kentucky · 1859
  4. Ross v. BraydonCourt of Appeals of Kentucky · 1834

3Cited by3 opinions

  1. Harshbarger v. EbyIdaho Supreme Court · 1916
  2. Coons v. Bank of CommerceCourt of Appeals of Kentucky (pre-1976) · 1930
  3. International Harvester Co. of America v. OliverU.S. Circuit Court for the District of Kentucky · 1911

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