Preston v. Breckinridge
Court of Appeals of Kentucky
Case 82 — PETITION EQUITY APPEAL FROM FAYETTE CIRCUIT COURT. 1. The judicial sale of the Nicholas lands to Preston, Payne and Ewing was not of a mere unenforceable and worthless “ claim” to lands; but the court offered for sale and invited bidders to buy the “ lands ” themselves, and expressly promised “possession” and good title to the buyer.
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Case 82 — PETITION EQUITY APPEAL FROM FAYETTE CIRCUIT COURT. 1. The judicial sale of the Nicholas lands to Preston, Payne and Ewing was not of a mere unenforceable and worthless “ claim” to lands; but the court offered for sale and invited bidders to buy the “ lands ” themselves, and expressly promised “possession” and good title to the buyer. As the court confessedly cannot give the buyers either title or possession, there is an entire failure of the consideration of the purchase bonds, and they should not be enforced. (Eishback v. Williams, 3 Bibb, 342; Carpenter v. Strader, 16 Ben.…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion op the court.
On the sixth day of August, 1795, John Breckin.ridge and George Nicholas purchased of John Lee one-half of Joseph Blackwell’s land entry, which contained nineteen thousand and sixty-two and' one-half acres. The half of the entry thus purchased by Breckinridge .and Nicholas was surveyed, and the survey was assigned to them, upon which a patent was issued to them for nine thousand five hundred and thirty-one and one-quarter acres. Breckinridge and Nicholas agreed to pay John Lee ten pounds for each hundred acres of said land, the title to which…
2Cases cited8 opinions
- Drinkwater v. DrinkwaterMassachusetts Supreme Judicial Court · 1808
- Cook v. . TravisNew York Court of Appeals · 1859
- Stevens v. . HauserNew York Court of Appeals · 1868
- Wickliffe's v. Breckinridge's heirsCourt of Appeals of Kentucky · 1866
- High v. NelmsSupreme Court of Alabama · 1848
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ward v. EdgeCourt of Appeals of Kentucky · 1897
- Anderson v. DaughertyCourt of Appeals of Kentucky · 1916
- Golden v. BlakemanCourt of Appeals of Kentucky (pre-1976) · 1928
- Lashley v. DuvallCourt of Appeals of Kentucky (pre-1976) · 1928
- Bryant v. PrewittCourt of Appeals of Kentucky · 1909
3 more not listed; retrieve them via the Exa API.