Barbee v. Northern Bank

Opinion by

Judge Hines:

Appellants having, without question, allowed the legal title to the land to remain in F. J. Barbee for fifteen years, and until after the insolvency of Barbee, the deed ought not to be reformed. The rights of creditors have intervened upon the faith that the land belonged to F. J. Barbee, and in such case the loss should be made to fall upon the one through whose negligence this state of things came to pass. Worley v. Tuggle, 4 Bush (Ky.) 168; Speak v. Mattingly, 4 Bush (Ky.) 310; Mattingly v. Speak, 4 Bush (Ky.) 316. Besides these considerations, the evidence is not…