Legal Opinion

Dant v. Head

Court of Appeals of Kentucky

Decided June 10, 1890PublishedCited by 29 opinions

Case 42 — PETITION APPEAL FROM MARION CIRCUIT COURT. 1. Upon demurrer all pertinent allegations of the answer, and all proper deductions therefrom, are to be taken as true. (Morgan v. Ballard, 1 Mar., 558; Smith v White, &c., 1 B. M., 16.) '.2. If legal rights are pursued in equity the legal operation of the statute must jirevail.

Read the full summary

Case 42 — PETITION APPEAL FROM MARION CIRCUIT COURT. 1. Upon demurrer all pertinent allegations of the answer, and all proper deductions therefrom, are to be taken as true. (Morgan v. Ballard, 1 Mar., 558; Smith v White, &c., 1 B. M., 16.) '.2. If legal rights are pursued in equity the legal operation of the statute must jirevail. (Eield v. Wilson, &c., 6 B. M., 480; Brunk v. Means, &c., 11 B. M., 218; McDonald’s Ex’r v. Underhill’s Ex’r, 10 Bush, 590.) 3. There is an implied warranty in sales of personalty that the vendor owns the thing sold. (Chism v. Woods, Hardin, 532; Payne v. Hod-den, 4…

1Opinion of the Court

OHIEE JUSTICE LEWIS

delivered the opinion op ti-ie court.

September 12, 1881, 'appellee, in consideration of fonr thousand dollars, sold and conveyed to appellant his interest in a tract -of land leased jointly with B. P. Bryant from R. ‘C. O’Bryan for ten years, beginning ■ June 1, 1879, upon which was a distillery.

The deed, in addition to the contract for sale of the .realty, contained .the .following: “It is hereby covemanted and 'agreed that said P. M. Head, party of the *257first part, for and in consideration of one hundred dollars per annum, payable at the end of each year during the time of…

2Cases cited5 opinions

  1. McClellan v. SanfordWisconsin Supreme Court · 1870
  2. Berry v. GraddyCourt of Appeals of Kentucky · 1859
  3. Smalley v. GreeneSupreme Court of Iowa · 1879
  4. Curtis v. SageIllinois Supreme Court · 1864
  5. Haugh v. Blythe's ExecutorsIndiana Supreme Court · 1863

3Cited by29 opinions

  1. Yates v. BallSupreme Court of Florida · 1937
  2. Beckett-Iseman Oil Co. v. BackerCourt of Appeals of Kentucky · 1915
  3. East Tennessee Telephone Co. v. Paris Electric Co.Court of Appeals of Kentucky · 1914
  4. Maloney v. MaloneyCourt of Appeals of Kentucky (pre-1976) · 1935
  5. Kendall v. GarneauNebraska Supreme Court · 1898

24 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API