Legal Opinion

Kendall v. Clarke

Court of Appeals of Kentucky

Decided April 24, 1890PublishedCited by 13 opinions

Case 29 — PETITION EQUITY APPEAL FROM FLEMING CIRCUIT COURT. 1. It was error to render judgment against the administrator without an affidavit purging the claim of usury. (Matthews v. Jones, 2 Met., 255.) 2. To enforce a lien on land, those who have the legal title must be before the court.

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Case 29 — PETITION EQUITY APPEAL FROM FLEMING CIRCUIT COURT. 1. It was error to render judgment against the administrator without an affidavit purging the claim of usury. (Matthews v. Jones, 2 Met., 255.) 2. To enforce a lien on land, those who have the legal title must be before the court. (Smith v. West’s ExT, 5 Litt., 48; Edwards v. Bohannon, 2 Dana, 98; Thornton v. Knox’s ExT, 6 B. M., 74; Anderson v. Sutton, 2 Duv., 486.) 3. Declarations which were against the interest of the declarant at the time they were made were admissible. (Greenleaf on Evidence, sec. 194; Crane v. Gumm, 4 B. M.,…

1Opinion of the CourtChief Justice Lewis

Appellee, John Clarke, instituted this action May 1, 1885, to recover judgment as assignee on a note for two hundred dollars, payable December 25, 1869, by A. J. Royse to Nancy A. Jones, in part consideration for a tract of one hundred and eighty-eight acres of land, and to enforce vendor’s lien as well upon seventy-six acres thereof sold to one Ham, who afterwards sold to appellant, Campbell, as upon the residue of the tract owned by Royse, now deceased, when the action was commenced.

It is obvious more than fifteen years had elapsed from the time the note fell due until the action was…

2Cases cited3 opinions

  1. Tate v. HawkinsCourt of Appeals of Kentucky · 1884
  2. Frazer's Adm'rs v. FrazerCourt of Appeals of Kentucky · 1877
  3. English v. WathenCourt of Appeals of Kentucky · 1872

3Cited by13 opinions

  1. Colonial & United States Mortgage Co. v. Northwest Thresher Co.North Dakota Supreme Court · 1905
  2. Kaiser v. IdlemanOregon Supreme Court · 1910
  3. Smith v. BushSupreme Court of Oklahoma · 1935
  4. Alexander v. WestCourt of Appeals of Kentucky (pre-1976) · 1931
  5. Damon v. LequeWashington Supreme Court · 1897

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