Legal Opinion

Montgomery v. Montgomery

Court of Appeals of Kentucky

Decided February 9, 1904PublishedCited by 3 opinions

Case 97 — Action by Daisy Montgomery Against H. P. Montgomery, on Assumpsit to Recover $170.00. APPEAL FROM SCOTT CIRCUIT COURT-JAMES E. CANTRILL, CIRCUIT ‘ JUDGE. POINTS AND AUTHORITIES. 1. The consideration named in the deed from appellee to appellant could not be impeached or denied except hy pleading verified by oath. Ky.

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Case 97 — Action by Daisy Montgomery Against H. P. Montgomery, on Assumpsit to Recover $170.00. APPEAL FROM SCOTT CIRCUIT COURT-JAMES E. CANTRILL, CIRCUIT ‘ JUDGE. POINTS AND AUTHORITIES. 1. The consideration named in the deed from appellee to appellant could not be impeached or denied except hy pleading verified by oath. Ky. Stat., sec. 472. 2. In the absence ot an allegation of fraud or mistake in the execution of this deed, parol testimony was not admissable to contradict its recitals. 103 Ky., 140, and cases therein discussed. (We regard this proposition so well settled that we decline to…

1Opinion of the Court

Opinion of the court by

JUDGE O’REAR

Dismissing Appeal.

Appellee sued appellant, in an- action- in. the nature of express assumpsit, to recover $170. The answer denied the alleged agreement, and pleaded as a .set-off that appellant had paid for appellee certain taxes on lands owned by them jointly, in a given proportion, when the legal title was in appellant to the whole tract, while appellee owned the equitable title to the proportion named. The sum claimed by appellant on this account was $95.24. The circuit court struck out so much of his pleading as claimed the taxes. The verdict and…

2Cases cited4 opinions

  1. Walter A. Wood Mowing & Reaping Machine Co. v. TaylorCourt of Appeals of Kentucky · 1898
  2. American Accident Co. v. SlaughterCourt of Appeals of Kentucky · 1897
  3. Louisville & Nashville Railroad v. WadeCourt of Appeals of Kentucky · 1889
  4. Arthurs v. ThompsonCourt of Appeals of Kentucky · 1895

3Cited by3 opinions

  1. Maryland Casualty Company v. MarshallCourt of Appeals of Kentucky (pre-1976) · 1928
  2. Commonwealth Ex Rel. Martin v. StoneCourt of Appeals of Kentucky (pre-1976) · 1939
  3. Cumberland Telephone & Telegraph Co. v. LogsdonCourt of Appeals of Kentucky · 1911

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