Jones v. Bigstaff
Court of Appeals of Kentucky
Case 69 — PETITION EQUITY APPEAL PROM MONTGOMERY' COURT OP COMMON PLEAS. 1. In this country it is the rule in case of a partition by a court, although no deeds he made, that there is an implied warranty of title, and it is not broken until eviction, and limitation does not begin to run until then. (Walker v. Hall, 15 Ohio St., 355; Dugan v. Hollins, 4 Md. Ohy., 139; 17 Am. and Eng.
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Case 69 — PETITION EQUITY APPEAL PROM MONTGOMERY' COURT OP COMMON PLEAS. 1. In this country it is the rule in case of a partition by a court, although no deeds he made, that there is an implied warranty of title, and it is not broken until eviction, and limitation does not begin to run until then. (Walker v. Hall, 15 Ohio St., 355; Dugan v. Hollins, 4 Md. Ohy., 139; 17 Am. and Eng. Ency. of Law, p. 784, and authorities there cited; Venable, &e., v. Beauchamp, 3 Dana, 321.) 2. There must he restitution to the extent of the failure of consideration. In this case it would be the value of the…
1Opinion of the Court
JUDGE PRYOR
delivered the orixioít or the court.
John Jones, a resident of Bath County, died testate in March of the year 1851. lie owned a large tract of land, and in the month of November of the same year (1851) a division of this land was made between his children under an order of the Bath County Court. The report of division was confirmed, but no deed of partition was executed by the parties, but each child took possession of his allotment, and the .division must be regarded as effective as if a grant had been expressly made by the one to the other.
The testator left five children and two…
2Cases cited1 opinion
- Venable v. BeauchampCourt of Appeals of Kentucky · 1835
3Cited by6 opinions
- Eli v. TrentCourt of Appeals of Kentucky · 1922
- Beale v. StroudCourt of Appeals of Kentucky · 1921
- Andrew's Ex'r v. SpruillCourt of Appeals of Kentucky (pre-1976) · 1937
- Weindl v. WeindlCourt of Appeals of Kentucky · 1962
- Eck v. TateSupreme Court of Alabama · 1907
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