American Ass'n v. Short
Court of Appeals of Kentucky
CASE 76 — PETITION EQUITY APPEAL! PROM BELL CIRCUIT COURT. 1. The appellant can not be required to pay for any land except such as the appellee passes to it under good^ and clear title in Bell county, Kentucky, and not elsewhere. (5 L. R. A., ,654: McGuire v. Kirk, 16 Ky.
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CASE 76 — PETITION EQUITY APPEAL! PROM BELL CIRCUIT COURT. 1. The appellant can not be required to pay for any land except such as the appellee passes to it under good^ and clear title in Bell county, Kentucky, and not elsewhere. (5 L. R. A., ,654: McGuire v. Kirk, 16 Ky. Law Rep., 87; Cates v. Loftus, 3 A. K. Mar., 202; Hart v. Bodley, Hardin, 106; Williams v. State, 64 Ind., 553; . 95 Ind., 496; Davis v. Dycus, 7 Bush, 4; Bodley v. McChord, 4 J. J. Mar., 475.) 2. The appellee’s patents and deeds do not confer title to any lands other than in Bell county, Kentucky, and the attempt to…
1Opinion of the Court
JUDGE LEWIS
delivered the opinion of tiie court.
In 1889, C. W. Short sold and conveyed by deed containing clause of general warranty to A. A. Arthur twelve distinct tracts of land.
■ In December, 1890, Short brought this action for judgment against Arthur for purchase money and enforcement of vendor’s lien.
*505In his answer Arthur stated the consideration failed because Short had no good title to the land; but that he, Arthur, had, when the deed was made, a title by purchase from others to a large part of it, and had since acquired title to other parts or tracts. He further stated he made the…
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- Bryant v. GreenCourt of Appeals of Kentucky · 1921
- McClendon v. TompkinsCourt of Appeals of Kentucky · 1912