Burkhart v. Loughridge
Court of Appeals of Kentucky
CASE 7 — ACTION BY W. J. LOUGHRIDGE AGAINST MOSES BURKHART TO RECOVER LAND Appeal from Harlan- Circuit Court. M. J. Moss, Circuit Judge.' Judgment for plaintiff. Defendant appeals. AUTHORITIES CITED. 1. Purchasers buying with notice of the equitable title of others, not permitted to protect themselves against said equitable claims.
Read the full summary
CASE 7 — ACTION BY W. J. LOUGHRIDGE AGAINST MOSES BURKHART TO RECOVER LAND Appeal from Harlan- Circuit Court. M. J. Moss, Circuit Judge.' Judgment for plaintiff. Defendant appeals. AUTHORITIES CITED. 1. Purchasers buying with notice of the equitable title of others, not permitted to protect themselves against said equitable claims. (Waits Actions and Defenses, Yol. 3, page 449, citing; Murray v. Brown, 1 Johns Ch., 566; Heatley v. Finster, 2 Johns Ch., 158; Wilcoxen v. .Morgan, 2 Col., 473; 1 Story’s Eq. Jur., sec. 395.) 2. Information which should put a prudent person, on inquiry, sufficient…
1Opinion of the Court
*50Opinion of the Court by
Chief Justice Hobson—
Reversing.
W. J. Loughridge and others bought at decretal sale a large body of land as the property of the heirs of William Turner, Sr., who died about the year 1880. Moses Burkhart claimed 100 acres of the land, and Loughridge and his associates brought this action against him to recover it. He set up title to the land under a title bond which he averred that William Turner, Sr., had made to Isaac Ingle of date July 5, 1874, and which he alleged that Ingle had assigned to him. He also alleged that Ingle had paid Turner for the land in his lifetime,…
2Cases cited2 opinions
- Barkley v. BradfordCourt of Appeals of Kentucky · 1896
- Burkhart v. LoughridgeCourt of Appeals of Kentucky · 1903
3Cited by2 opinions
- Davis v. KimberlainCourt of Appeals of Kentucky · 1920
- Loughridge v. BurkhartCourt of Appeals of Kentucky · 1912