Brassfield v. Walker
Court of Appeals of Kentucky
Error to the Boyle Circuit. Chancery, Case 26. Case stated. A vendee who has received a eonveyance and been let into possession, and is in the undisturbed enjoyment of hi3 purchase will not be heard for a rescission on account of dormant and doubtful claims which he may stimulate others to’assert against his title. The title of a vendorpiesumed to be valid by length of possession coupled with an interest as heir and vendee’s bill for rescission dismissed.
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Error to the Boyle Circuit. Chancery, Case 26. Case stated. A vendee who has received a eonveyance and been let into possession, and is in the undisturbed enjoyment of hi3 purchase will not be heard for a rescission on account of dormant and doubtful claims which he may stimulate others to’assert against his title. The title of a vendorpiesumed to be valid by length of possession coupled with an interest as heir and vendee’s bill for rescission dismissed. Where there had landadlamongst CourtbComm’rsy thoughnotstrict’quiesced inland celved^iti^wUh ■warranty and ment of his eeUor refused to…
1Opinion of the Court
Judge Makshall
delivered the opinion of the Court
Brassfield purchased from Saunders 148 acres of land, at the price of $5,000, paid about $2000 in hand, and re. ceived a conveyance. Saunders being indebted to Walker, in part for the purchase of portions of the same land, Brass, field, by agreement of the parties, executed two notes to Walker for so much of the purchase money of the 148 acres as had not been paid down, and gave him a mortgage upon the land to secure the payment. And Walker executed to Brassfield a covenant to convey, through Christopher Lillard, 32 acres of the same land to…
2Cited by2 opinions
- Logan v. BullCourt of Appeals of Kentucky · 1880
- Buckhorn Coal & Lumber Co. v. LewisCourt of Appeals of Kentucky (pre-1976) · 1930