Thomas v. Sweet
Court of Appeals of Kentucky
Case 48 — Action to Recover Land APPEAL from mason circuit court. Judgment for Defendant and Plaintiff Appeals. On April 3, 1896, appellee and his wife conveyed to appellant by deed of general warranty, a tract of land in Mason county, Kentucky, containing about 120 acres.
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Case 48 — Action to Recover Land APPEAL from mason circuit court. Judgment for Defendant and Plaintiff Appeals. On April 3, 1896, appellee and his wife conveyed to appellant by deed of general warranty, a tract of land in Mason county, Kentucky, containing about 120 acres. On November 2, 1896, appellant brought this suit in ejectment against appellee to recover possession of said land. «Appellee answered, and by counterclaim asked to have his deed canceled on the ground that it was obtained by fraud from him, and that the consideration therefor had failed. On his motion the case was…
1Opinion of the Court
*473Opinion of the court by
JUDGE O’REAR
Affirming.
Appellee, a farmer aged about 70 years, living in Mason county, Ky., and a ‘'promotor,-'” named J. Winn Parker, of Weston, Mo., in December, 1895,. entered into a contract by which appellee agreed to exchange' his farm, of some 120 acres, in Mason county, Ivy., -and notes, held by him to the amount of $642.80 and interest against one J. W. Morgan (secured by- lien on land in Mason county), to one E. Sewell, the principal for whom J. Winn Parker assumed to be acting, appellee to receive in exchange for his land and the Morgan notes a tract of land…
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