Yocum v. Foreman
Court of Appeals of Kentucky
Case 12 — PETITION EQUITY APPEAL from spencer circuit court. 1. The chancellor has no right or jurisdiction to set aside or quash an execution-sale of land on the ground that the judgment on which the execution issued was subsequently reversed. (Williams v. Cummins, 4 J. J. Mar. 639; Gossom v. Donaldson, 18 B. Mon. 237; 8 B. Mon. 105; Mon. 95; 2 Met. 550; 4 Dana, 438 ; 12 B. Mon. 472.) 2. An express promise to pay the $310 and the $392.24 was proved.
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Case 12 — PETITION EQUITY APPEAL from spencer circuit court. 1. The chancellor has no right or jurisdiction to set aside or quash an execution-sale of land on the ground that the judgment on which the execution issued was subsequently reversed. (Williams v. Cummins, 4 J. J. Mar. 639; Gossom v. Donaldson, 18 B. Mon. 237; 8 B. Mon. 105; Mon. 95; 2 Met. 550; 4 Dana, 438 ; 12 B. Mon. 472.) 2. An express promise to pay the $310 and the $392.24 was proved. The statute of limitations did not therefore apply. (Bell v. Rowland’s adm’r, Hard. 301.) 3. If the writing fails to correctly set forth the…
1Opinion of the CourtChief Justice Pryor
Tbis case has been heretofore in this court, and is an action in equity instituted in the court below by the appellant Yocum against the appellee Foreman for a settlement of the partnership accounts between them as keepers of a hotel in the town of Taylorsville. The written articles of "partnership were made the basis of the action, and on the former hearing the judgment was reversed at the instance of the appellee Foreman (then appellant) for the reason that parol evidence had been improperly admitted, contravening the stipulations of the written contract, there being no allegation of either…
2Cases cited3 opinions
- Benningfield v. Reed & SutherlandCourt of Appeals of Kentucky · 1847
- Twogood v. FranklinSupreme Court of Iowa · 1869
- Clark's Heirs v. FarrowCourt of Appeals of Kentucky · 1850
3Cited by21 opinions
- Webb v. Webb's GuardianCourt of Appeals of Kentucky · 1917
- Baker v. BakerCourt of Appeals of Kentucky · 1888
- Humphrey's Ex'r v. WadeCourt of Appeals of Kentucky · 1886
- Spradlin v. Stanley's Adm'rCourt of Appeals of Kentucky · 1907
- Christen v. ChristenCourt of Appeals of Kentucky · 1919
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