Whitaker v. Garnett
Court of Appeals of Kentucky
CASE 93 — PETITION EQUITY — APPEALS FROM CARROLL CIRCUIT COURT. CITED— Civil Code, secs. 369, 371, 373 , 579. Act of February 9, 1864, Myers' Sup., 506. Act of March 10, 1856. 2 Bush, 289; Oneil, ¿¡-c., vs. Miller, &c. 4 Met.; Pottingcr vs. Millet. Revised, Statutes, chap. 40, sec. 1, 1 Stant., 445. 2 Dana, 324; Violctt vs. Violctt. 12 B. Mon., 38; .Ratcliffe vs. Trimble. 1 Met., 405; Short vs. Tinsley. 1 Met., 458 ; Terrill vs. Jennings.
1Opinion of the Court
JUDGE 'WILLIAMS
delivered the opinion oe the court:
November 28, 1859, John W. Dean, by deed, conveyed to W. G. Whitaker his dwelling-house and lot in the town of Carrollton, his farm of one hundred and fifty acres, and a piano-forte, and covenanted to give possession of the realty January 1, 1860, which deed was-lodged and properly acknowledged for record in the proper office the day after it bears date, the consideration, as recited therein, being six thousand five hundred dollars cash paid.
April 4, 1860, Wesley Dean mortgaged to Whitaker three hundred and thirty-eight acres of land, several…
2Cases cited2 opinions
- Shouse v. UtterbackCourt of Appeals of Kentucky · 1859
- Given, Haynes & Co. v. GordonCourt of Appeals of Kentucky · 1861
3Cited by12 opinions
- Brooks, Waterfield & Co. v. Staton's adm'rCourt of Appeals of Kentucky · 1880
- Engle v. Bond Foley Lumber Co.Court of Appeals of Kentucky · 1916
- Wood v. Goff's curatorCourt of Appeals of Kentucky · 1869
- J. B. Colt Co. v. BrownCourt of Appeals of Kentucky (pre-1976) · 1932
- Southworth v. CaseyCourt of Appeals of Kentucky · 1880
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