Legal Opinion

Fall v. McMurdy

Court of Appeals of Kentucky

Decided February 21, 1860PublishedCited by 16 opinions

(JASE 42 — PETITION EQUÍTY — APPEAL FROU FRANKLIN CIRCUIT COURT. cited 5 B. Mon., 540; 7 Mon., 202; 15 B. Mon., 518; 3 Dana, 480; lb., 283; 1 B. Mon., 308; 4 Dana, 483; 2 Dana, 266; 6 Mon., 594.

1Opinion of the Court

JUDGE DUVALL

delivered the- opinion op the court :

Fall brought this action to subject to sale for payment of an installment of the. purchase money, certain property which had been conveyed by him to McMurdy, situated in what wa3 formerly called South Frankfort.

McMurdy, in his original and amended answer, resisted the relief sought, upon the grounds of mistake and fraud alleged to have been committed by his vendor in the sale of the property] for the injury resulting from which he prayed an abatement of the price, or a rescission of the contract.

In the amended answer he alleges, among other…

2Cases cited2 opinions

  1. Harrison v. TalbotCourt of Appeals of Kentucky · 1834
  2. Smith v. SmithCourt of Appeals of Kentucky · 1815

3Cited by16 opinions

  1. Sanderson's Administrators v. SandersonSupreme Court of Florida · 1880
  2. Winchell v. SangerSupreme Court of Connecticut · 1900
  3. Passaic Manufacturing Co. v. HoffmanNew York Court of Common Pleas · 1871
  4. Robinson v. HodgeMassachusetts Supreme Judicial Court · 1875
  5. McKim v. HaleyMassachusetts Supreme Judicial Court · 1899

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