Ball v. Lively
Court of Appeals of Kentucky
Ejectment* Erom the Circuit Court for Bracken County! Reference to a fn\hi?case?1S1°tt Evidence on thé ^J^beiow ^ ' Instructions* Verdict &é. A knowledge 'of the facts, and a deceitful intent, are both essential to make actual misrepresentations, or a concealment of the truth, amount to fraud in law.
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Ejectment* Erom the Circuit Court for Bracken County! Reference to a fn\hi?case?1S1°tt Evidence on thé ^J^beiow ^ ' Instructions* Verdict &é. A knowledge 'of the facts, and a deceitful intent, are both essential to make actual misrepresentations, or a concealment of the truth, amount to fraud in law. The statements which a party makes without knowing them to be untrue, sub ject him. to no liability (unless they amount to a warranty) how ever erroueous they may be, or however injurious to him who give» them credit; The record of an eject, shows a recovery on a confession of jndg’t, “ agreeably…
1Opinion of the Court
■Judge Ewing
delivered the Opinion of the Court:
‘This case was formerly before this Court, and a statement of the case, as well as many principles seitléd in relation to it, will be found reported in 1 Dancds Rep. page 60 to 67*
Upon thé return of the cause to the Circuit Court, in addition to the facts formerly before the Court, the plaintiff introduced and read a copy of the original reCord of Payne v. Lively and others, in which, by the confession of Lively and others, defendants, a judgment kvas entered, “that the plaintiff recover against said de- “ fendants, agreeably to the amended…
2Cited by9 opinions
- Boddy v. HenrySupreme Court of Iowa · 1901
- Livermore v. Middlesborough Town Lands Co.Court of Appeals of Kentucky · 1899
- Kentucky Electric Development Company's Receiver v. HeadCourt of Appeals of Kentucky (pre-1976) · 1934
- McGuffin v. SmithCourt of Appeals of Kentucky (pre-1976) · 1926
- Pickrell & Craig Co. v. Bollinger-Babbage Co.Court of Appeals of Kentucky · 1924
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