Four Mile Land & Coal Co. v. Slusher
Court of Appeals of Kentucky
Case 112 — ACTION FOR DAMAGES FOR BREACH OF COVENANT OF GENERAL WARRANTY APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. 1. Although a judgment on its face may not enable a party to ascertain the property from which the eviction was had, if data m-ay be draw-n from the pleadings and other parts of the record sufficient to overcome this uncertainty, the judgment is in no sense void, hut is valid and enforceable.
Read the full summary
Case 112 — ACTION FOR DAMAGES FOR BREACH OF COVENANT OF GENERAL WARRANTY APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. 1. Although a judgment on its face may not enable a party to ascertain the property from which the eviction was had, if data m-ay be draw-n from the pleadings and other parts of the record sufficient to overcome this uncertainty, the judgment is in no sense void, hut is valid and enforceable. Black on Judgments, vol. 1, secs. 117, 123; Hall v. Martin, 89 Ky., 9; Hillman v. Hurley, 82 Ky., 631; Winn v. Henry, 81 Ky., 4-8; Henderson v. Perkins, 94 Ky., 207;…
1Opinion of the Court
JUDGE BURNAM
delivered ti-ie opinion oot the court.
The appellant, the Four-Mile Land & Coal Company, sought in this action to recover a judgment against the appellee, James F. Blusher, for an alleged breach of a covenant of general warranty for eighty-five acres of land, alleged to be contained in a conveyance of real estate from appellee to one De Bard and others, and which subsequently was conveyed by De Bard, and others, to appellant. These deeds cover 602 acres of land situate in Bell county, Kentucky, and the consideration expressed in each conveyance is $18,060, or $30 per acre.
■The…
2Cases cited3 opinions
- Stirling v. GarriteeCourt of Appeals of Maryland · 1862
- Hall v. MartinCourt of Appeals of Kentucky · 1889
- S. Alexander & Co. v. LelandIdaho Supreme Court · 1872
3Cited by7 opinions
- Aseltine v. Second Judicial District Court of the State of NevadaNevada Supreme Court · 1936
- Pittsburg, C., C. & St. L. Ry. Co. v. DoddCourt of Appeals of Kentucky · 1903
- Turner v. BegleyCourt of Appeals of Kentucky (pre-1976) · 1931
- Latham v. LindsayCourt of Appeals of Kentucky · 1908
- Kehl v. KehlWisconsin Supreme Court · 1934
2 more not listed; retrieve them via the Exa API.