Pryse v. McGuire
Court of Appeals of Kentucky
Case 99 — EQUITY APPEAL JTROM LEE CIRCUIT COURT. It is distinctly averred that the persons named in the answer are the owners of, and in the actual possession of, the various tracts of land conveyed by appellee to appellant. The warranty as to possession is therefore broken. Appellant is not bound to wait for an actual eviction, nor to sue for possession. Appelle falsely represented to appellant that his title was good when he knew it was not the fact.
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Case 99 — EQUITY APPEAL JTROM LEE CIRCUIT COURT. It is distinctly averred that the persons named in the answer are the owners of, and in the actual possession of, the various tracts of land conveyed by appellee to appellant. The warranty as to possession is therefore broken. Appellant is not bound to wait for an actual eviction, nor to sue for possession. Appelle falsely represented to appellant that his title was good when he knew it was not the fact. (Chitty’s PL, vo'l. 1, 661; Morgan v. Ballard, A. K. Mar., 558; Bush v. Madison, 14 B. Mon., 172; Civil Code, sec. 76; Brown v. Howland Coal…
1Opinion of the CourtChief Justice Haegis
The appellee, McGuire, sold, and by deed containing covenants of general warranty of title and possession, conveyed a large boundary of land, described by metes and bounds, to the appellant, Pryse, in consideration of $J, ooo cash in hand, and $io, 558.66 secured by note of even date with the deed, and due twelve months after date, a liep being retained, for its payment.
McGuire brought this action on the note and to enforce the lien. He averred the execution of the contract, the acceptance and registration of the deed, and the non-payment of the note, concluding with a proper prayer.
Pryse…
2Cited by8 opinions
- Knight v. ClinkscalesSupreme Court of Oklahoma · 1915
- Smith v. JonesCourt of Appeals of Kentucky · 1895
- Muir v. EdelenCourt of Appeals of Kentucky · 1913
- Brown v. SlatonCourt of Appeals of Kentucky · 1916
- Bingham v. AndersonCourt of Appeals of Kentucky · 1923
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