Anderson v. West
Court of Appeals of Kentucky
Case 33 — EQUITY— APPEAL PROM GRAVES CIRCUIT COURT. 1. Appellee’s petition shows no cause of action. 2. It was the duty of appellee to ascertain, by proper inquiry at the-clerk’s office of the Graves county court, the amount of liens upon the land he desired to purchase. Bailing to do this, he made his. purchase at his own risk, in so far as appellant is concerned, and cannot recover against him.
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Case 33 — EQUITY— APPEAL PROM GRAVES CIRCUIT COURT. 1. Appellee’s petition shows no cause of action. 2. It was the duty of appellee to ascertain, by proper inquiry at the-clerk’s office of the Graves county court, the amount of liens upon the land he desired to purchase. Bailing to do this, he made his. purchase at his own risk, in so far as appellant is concerned, and cannot recover against him. (Eaker v. West, MS. Opin., 1879.) 1. The case of Covington Bridge Co. v. Walker, 2 Duv., 150, is conclusive of this. 2. Appellee chose to bid without inquiry, and purchased simply the title-the…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
In May, 1872, an execution issued from the Graves circuit court in favor of T. I. Pinyear, as sinking fund commissioner of Graves county, against John Eaker, R. K. Williams, and others, for several thousand dollars. This execution was replevied by the defendants, with the appellant, Lucien Anderson, as their surety. Payments were made, reducing the principal debt, and for the balance remaining unpaid-an execution was issued on the replevin bond, and levied upon a tract of 160 acres of land as the property of John Eaker, the principal obligor. The…
2Cited by2 opinions
- Broadway & Newport Bridge Co. v. CommonwealthCourt of Appeals of Kentucky · 1917
- Lucas' Administrator v. StanleyCourt of Appeals of Kentucky (pre-1976) · 1927