Legal Opinion

Brittain v. Lankford

Court of Appeals of Kentucky

Decided April 12, 1901PublishedCited by 2 opinions

Case 54 — Action to Recover Land — APPEAL PROM HARLAN CIRCUIT COURT. Judgment por Dependant and Plaintipp Appeals. This is an appeal from a judgment of the Harlan Circuit Court awarding appellee a writ of possession to appellant’s land under a sheriff’s deed. In January, 1867, W. T. Hall, Administrator, recovered a judgment against Carr Brittain and B. B. Lankford for ?90 and costs in the Harlan Quarterly Court.

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Case 54 — Action to Recover Land — APPEAL PROM HARLAN CIRCUIT COURT. Judgment por Dependant and Plaintipp Appeals. This is an appeal from a judgment of the Harlan Circuit Court awarding appellee a writ of possession to appellant’s land under a sheriff’s deed. In January, 1867, W. T. Hall, Administrator, recovered a judgment against Carr Brittain and B. B. Lankford for ?90 and costs in the Harlan Quarterly Court. On September 18, 1871, the judgment was indorsed: “I assign the above judgment to B. B. Langford for value received, he paying the same as surety of Carr Brittain this September 18,…

1Opinion of the Court

Opinion off the coijbt by

JUDGE GUFFY

Affirming.

It appears from this record that appellant Brittain as principal, and appellee, B. B. Lankford, as his surety, became indebted to one W. T. Hall, administrator, in the sum of $90, and at the January term, 1867, of the Harlan quarterly court, said Hall obtained judgment against Brittain and Lankford for said debt, and on the 1st of February, 1867, Brittain paid on said judgment $29, and in September, 1871, Lankford paid the residue of said judgment, and took an assignment from Hall thereon to himself. In September, 1871, or January, 1872, Brittain,…

2Cases cited3 opinions

  1. Davidson v. SimmonsCourt of Appeals of Kentucky · 1875
  2. Selden v. PrestonCourt of Appeals of Kentucky · 1874
  3. Craig's Ex'or v. AndersonCourt of Appeals of Kentucky · 1895

3Cited by2 opinions

  1. Union Nat. Bank v. RyanNorth Dakota Supreme Court · 1912
  2. Weisbecker v. CahnNorth Dakota Supreme Court · 1905

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