Bennett v. Tiernay
Court of Appeals of Kentucky
Case 120 — EQUITY— APPEAL 'FROM HANCOCK CIRCUIT COURT. 1. It is alleged that the fraudulent services of Lightfoot was the consideration of the promised conveyance.
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Case 120 — EQUITY— APPEAL 'FROM HANCOCK CIRCUIT COURT. 1. It is alleged that the fraudulent services of Lightfoot was the consideration of the promised conveyance. It is also clear that these services, however fraudulent, were rendered to the Breckinridge Coal Company and to the Cloverport Coal and Oil Company, and not to the appellant, Bennett. 2. The court erred in refusing to vacate the judgment upon the ground that it was entered by mistake of the clerk in vacation. 3. The minute on the orders of the last day of the term did not authorize the clerk to enter the judgment in vacation. 1.…
1Opinion of the Court
•CHIEF JUSTICE COFER
delivered the opinion of the court.
In consideration that Lightfoot had assisted him to perpetrate a fraud upon others whereby he acquired title to 4,000 acres of land, the appellant Bennett verbally agreed to convey 200 acres of it to Lightfoot.
The particular part of the tract where Lightfoot’s 200 acres should be laid off was not agreed upon, except that it was to be near a certain pond.
Lightfoot entered on the land and took possession.under the agreement; and- while he was so in possession, claiming to have purchased it, Bennett sold and conveyed the 4,000 acres to…
2Cited by23 opinions
- Fox v. LantripCourt of Appeals of Kentucky · 1916
- Niagara Fire Insurance v. LayneCourt of Appeals of Kentucky · 1915
- Buchanan Sheriff v. West Ky. Coal Co.Court of Appeals of Kentucky (pre-1976) · 1927
- Hoffman v. ShueyCourt of Appeals of Kentucky (pre-1976) · 1928
- May v. DuncanCourt of Appeals of Kentucky · 1914
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