Dant v. Head
Court of Appeals of Kentucky
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.
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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
- McClellan v. SanfordWisconsin Supreme Court · 1870
- Berry v. GraddyCourt of Appeals of Kentucky · 1859
- Smalley v. GreeneSupreme Court of Iowa · 1879
- Curtis v. SageIllinois Supreme Court · 1864
- Haugh v. Blythe's ExecutorsIndiana Supreme Court · 1863
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- Maloney v. MaloneyCourt of Appeals of Kentucky (pre-1976) · 1935
- Kendall v. GarneauNebraska Supreme Court · 1898
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