Jones v. Tye
Court of Appeals of Kentucky
Case 69 — PETITION EQUITY APPEAL PROM WHITLEY COURT OP COMMON PLEAS. The receipt filed with appellee’s petition is not a sufficient memorandum to take the contract out of the statute of frauds and perjuries. (6 Ky. Law Rep!, 444.) Is the writing relied on to take the contract out of the statute of frauds not sufficient for that purpose ? (Miller’s Heirs v. Antle, 2 Bush, 408'; Overstreet v. Rice, 4 Bush, 3; Rugate v. Hansford, 3 Litt., 262; Winn v. Henry, 7 Ry.
Read the full summary
Case 69 — PETITION EQUITY APPEAL PROM WHITLEY COURT OP COMMON PLEAS. The receipt filed with appellee’s petition is not a sufficient memorandum to take the contract out of the statute of frauds and perjuries. (6 Ky. Law Rep!, 444.) Is the writing relied on to take the contract out of the statute of frauds not sufficient for that purpose ? (Miller’s Heirs v. Antle, 2 Bush, 408'; Overstreet v. Rice, 4 Bush, 3; Rugate v. Hansford, 3 Litt., 262; Winn v. Henry, 7 Ry. Law Rep., 693; Camp v. Moorman, 8 Ky. Law Rep., 552.)
1Opinion of the Court
■JUDGE BEUNETT
delivered the opinion of the court.
The appellee’s action is to enforce the specific performance of a verbal purchase of a tract of land from the appellant. The court, it is supposed, decreed the specific performance upon the ground that the following receipt was a sufficient memorandum to comply with the statute of frauds and perjuries relative to the sale of land: “Received of John S. Tye, eighteen dollars, remainder of the payment of the purchase money on the land bought of Madison Jones, adjoining the McKibly land. July the 2d, 1884.
“Madison Jones.”
There is no identification…
2Cases cited3 opinions
- Sentney v. OvertonCourt of Appeals of Kentucky · 1816
- Tyler v. OnztsCourt of Appeals of Kentucky · 1892
- Overstreet v. RiceCourt of Appeals of Kentucky · 1868
3Cited by6 opinions
- Klatch v. SimpsonCourt of Appeals of Kentucky (pre-1976) · 1931
- Hyden v. PerkinsCourt of Appeals of Kentucky · 1904
- Roberts v. BennettCourt of Appeals of Kentucky · 1915
- Blair v. CombsCourt of Appeals of Kentucky (pre-1976) · 1941
- Nickels v. CombsCourt of Appeals of Kentucky · 1924
1 more not listed; retrieve them via the Exa API.