Brown v. Blankenship
Court of Appeals of Kentucky
Cash 62 — Action to Enforce Contract for Saxe of Land APPEAL FROM MAGOFFIN CIRCUIT CORT. Judgment for Defendants and Plaintiff Appeals. 1. None of the pleadings of the appellees are sufficient to authorize the judgment.
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Cash 62 — Action to Enforce Contract for Saxe of Land APPEAL FROM MAGOFFIN CIRCUIT CORT. Judgment for Defendants and Plaintiff Appeals. 1. None of the pleadings of the appellees are sufficient to authorize the judgment. Moore v. Moxley’s Admr., 19 Rep., page 160. 2. If the pleadings are sufficient to authorize the judgment, it is erroneous, as the appellee, Blankenship lost the lien before he assigned it away, and no lien existed on the land when appellee Prater became the owner of it, by his acceptance of the note of Woodson Allen and Hayden Allen for $1,110, the lien was lost, as it was not…
1Opinion of the Court
Opinion oe the court by
JUDGE GUPPY
Reversing.
The appellant instituted this action in the Magoffin Circuit Court against the appellee Blankenship, seeking to obtain a judgment for a conveyance of a certain boundary of land, or to recover $700, the penalty provided for in the title bond sued on; appellant being the assignee of Haden Allen, to whom the bond was executed. The bond sued on reads as follows: '‘Bond for Title. March —, 1898. 1, W. H. Blankenship, bind myself to make or cause to be made to Haden Allen, in the sum of $700, a good and sufficient deed to a certain tract and parcel of…
2Cases cited4 opinions
- Bradley v. CurtisCourt of Appeals of Kentucky · 1881
- Gaines v. CaseyCourt of Appeals of Kentucky · 1873
- Taylor v. FordCourt of Appeals of Kentucky · 1866
- Anderson's Administrator v. WellsCourt of Appeals of Kentucky · 1846