Deskins v. Big Sandy Co.
Court of Appeals of Kentucky
Case 77. — ACTION 'BY JACKSON DESKINS AGAINST THE VIRGINIA MINING AND IMPROVEMENT CO. AND ANOTHER POR THE UNPAID PURCHASE MONEY ON LAND, AND TO RECOVER THE MINERAL RIGHTS THEREIN, IN WHICH TOM DESKINS' AND THE BIG SANDY CO. INTERVENE. Appeal from Pike Circuit Court. A. J. Ktrk Circuit Judge. Judgment for Big Sandy Co. Tom Desldns appeals. While the legal title to the land in controversy at the time of the conveyance to Wm.
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Case 77. — ACTION 'BY JACKSON DESKINS AGAINST THE VIRGINIA MINING AND IMPROVEMENT CO. AND ANOTHER POR THE UNPAID PURCHASE MONEY ON LAND, AND TO RECOVER THE MINERAL RIGHTS THEREIN, IN WHICH TOM DESKINS' AND THE BIG SANDY CO. INTERVENE. Appeal from Pike Circuit Court. A. J. Ktrk Circuit Judge. Judgment for Big Sandy Co. Tom Desldns appeals. While the legal title to the land in controversy at the time of the conveyance to Wm. Deskins, was in James, Hatcher, yet he was the real owner thereof, and no valid title could pass to any one without his consent, and any private arrangement between him and…
1Opinion of the Court
Opinion by
Judge Barker
Affirming.
In 1882 Jackson Deskins was the owner of a tract of land in Pike county, Ky., containing 820 acres, upon which he resided. On the 5th day of August, of that year, he executed and delivered to Harper Phillips a mortgage on the land to secure the sum of $500. Deskins having failed to pay in accordance with the tenor of his obligation, on the 27th day of March, 1886, Phillips brought a suit in equity in the Pike Circuit Court to enforce his mortgage lien. In 1890 a judgment was rendered enforcing the mortgage, lien, and a judicial sale of the property was had, at…
2Cases cited1 opinion
- Hunter v. SimrallCourt of Appeals of Kentucky · 1824
3Cited by12 opinions
- May v. Chesapeake & Ohio Railway Co.Court of Appeals of Kentucky · 1919
- Long v. HowardCourt of Appeals of Kentucky (pre-1976) · 1929
- Walker v. CarterCourt of Appeals of Kentucky (pre-1976) · 1925
- Chenault's Guardian v. Metropolitan Life Ins.Court of Appeals of Kentucky (pre-1976) · 1932
- Rouse v. Craig Realty Co.Court of Appeals of Kentucky · 1924
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