Henderson v. Perkins
Court of Appeals of Kentucky
Case 31 — PETITION EQUITY — 1. The Edmonson court had no jurisdiction. The cause of action is the demand for specific performance. The alleged lien is only an incident. (Kendrick v. Wheatley, 3 Dana, 34; Lewis v. Morton, 5 Mon., 2.) 2. The writing sued on is not sufficient under the Statute of Frauds. There is no description or identification of the property sold Henderson. (Madeira v. Hopkins, 12 B. M., 595.) 3. The title tendered by appellee is not sufficient.
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Case 31 — PETITION EQUITY — 1. The Edmonson court had no jurisdiction. The cause of action is the demand for specific performance. The alleged lien is only an incident. (Kendrick v. Wheatley, 3 Dana, 34; Lewis v. Morton, 5 Mon., 2.) 2. The writing sued on is not sufficient under the Statute of Frauds. There is no description or identification of the property sold Henderson. (Madeira v. Hopkins, 12 B. M., 595.) 3. The title tendered by appellee is not sufficient. A court of equity will not force a doubtful title upon a purchaser. (Morgan v. Morgan, 2 Wheat., 290; Hightower v. Smith, 5 J. J.…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion op the court.
The appellant L. D. Henderson was the owner of a farm of one hundred and ten acres, situated-in Barren county, Kentucky, and the appellee owned a store-house and lot' at Rocky Hill Station, and lands adjoining to the extent -of some fifty • acres, situated in Edmonson county. By written contract of December 13, 1889, Perkins sold his property to Henderson in consideration of the sum of' four thousand ‘dollars and the latter’s farm of one hundred and- ten acres. One thousand dollars was tó be paid down, and balance on February- 25, 1890,' when…
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