Ryan v. Doyle
Court of Appeals of Kentucky
Case 74 — EQUITY APPEAL FROM MASON CIRCUIT COURT. The contract made between appellee and Hines and wife extinguished the note as though it had been surrendered to them and destroyed. 1. Doyle retained a lien upon the land to secure the payment of the- ■ note. (Gen. Stat., 589.) 2. The talk about some new arrangement by which Doyle was to surrender to Hines and wife the note never was consummated.
1Opinion of the Court
JUDGE HARGIS
delivered the opinion of the court.
The appellee, Doyle, in the year 1871, sold a small house- and lot to Hines and wife for $150.
One hundred dollars of which they paid, and executed to-him their promissory note for fifty dollars, the remainder thereof.
In 1873 the appellees, Hines and wife, exchanged the-house and lot with the appellant, John Ryan, for about thirteen acres-of land he owned on Kennedy creek.
*364They executed deeds to each other, and interchanged possession.
Some time thereafter, and before the institution of this action, Hines and wife sold the Kennedy creek land to…
2Cited by1 opinion
- United Loan & Dep. Bank v. BitzerCourt of Appeals of Kentucky · 1904