Caudill v. Little

STANLEY, Commissioner.

This is an appeal from a judgment of the Fayette Circuit Court directing specific performance of a contract to convey such interest in land as the vendor possesses. The land is located in Fayette County. The defendant, now appellant, D. C. Caudill, resides and was served with summons in Rowan County. The- defendant challenged the venue. The court ruled that the venue was in Fayette County and decided the case on its merits. There is no need to consider the merits since we conclude that the Fayette Circuit Court was without jurisdiction.

It is quite surprising that this…