Woodward v. Woodward
Court of Appeals of Kentucky
Error to the Montgomery Circuit. Chancery: Case 33. * Á- deed reciting to be for a consideration paid and secured to oe paid, is constructive notice to a purchaser that a part of the consideration remains unpaid, (6 J3. Monroe, 67: ,Jbidt 74 )■ Vendor has a Hen for the consideration remaining unpaid, though a conveyance be made where a subsequent purchaser has constructive notice of the fact that it is unpaid.
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Error to the Montgomery Circuit. Chancery: Case 33. * Á- deed reciting to be for a consideration paid and secured to oe paid, is constructive notice to a purchaser that a part of the consideration remains unpaid, (6 J3. Monroe, 67: ,Jbidt 74 )■ Vendor has a Hen for the consideration remaining unpaid, though a conveyance be made where a subsequent purchaser has constructive notice of the fact that it is unpaid. A purchaser executed his not©’ to a mortgagee of the land purchased, as part of the consideration to extinguish the mortgage, a balance' of the consideration was yet due from his vendor…
1Opinion of the Court
Judge Breck
delivered the opinion of the Court;
The deed from John Woodward to Mitchell H. Woodward, recites that it was made “in consideration-of the sum- of eight hundred dollars, paid and secured to be paid by the said Mitchell H. Woodward, the receipt o-f one hundred and thirteen dollars of which is hereby acknowledged,” &c.
This deed was duly recorded, and according to the case of Honore’s Ex’rs. vs Bakewell, (6 B. Monroe, 67,) and *117also of Thornton vs Knox's Ex'r., (Ibid, 74,) was con. structive notice to subsequent purchsers, that a portion of the purchase money remained unpaid at its…
2Cited by3 opinions
- Gaston & Thomas v. DashiellTexas Supreme Court · 1881
- Young v. Wood & AbbotCourt of Appeals of Kentucky · 1850
- Sheppard v. ThomasSupreme Court of Arkansas · 1871