Rusk v. Fenton
Court of Appeals of Kentucky
Case 11 — PETITION EQUITY APPEAL FROM KENTON CHANCERY COURT. 1. If Fenton was, in matter of fact, insane (which is denied) at the time he purchased the H. S. Turner, and united with his wife in the execution of the deed, not having been adjudged a lunatic, the transaction embracing the purchase of the Turner and the execution of the deed was not void, but only voidable as to him, and therefore neither' void nor voidable as to his wife, except by way of rescission on…
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Case 11 — PETITION EQUITY APPEAL FROM KENTON CHANCERY COURT. 1. If Fenton was, in matter of fact, insane (which is denied) at the time he purchased the H. S. Turner, and united with his wife in the execution of the deed, not having been adjudged a lunatic, the transaction embracing the purchase of the Turner and the execution of the deed was not void, but only voidable as to him, and therefore neither' void nor voidable as to his wife, except by way of rescission on equitable principles upon the ground of fraud committed upon the part of Rusk, and restoring the statu quo. (2 Kent, s. p. 451,…
1Opinion of the Court
JUDGE HINES
delivered the opinion of the court.
On the 18th of April, 1874, appellant sold and delivered to W. W. Fenton the steamboat H. S. Turner, for near the sum of $12,000. In part payment Fenton and his wife, the appellee here, conveyed to appellant a tract of eighty acres of land in Pendleton County, Kentucky, valued at $8,000, but subject to a mortgage for $2,250. On the delivery of the boat to Fenton at Cincinnati, Ohio, he took it to Madison, Indiana, where he had repairs made at the cost of $3,031. Of this sum $1,000 was paid at the time of the repairs. After the repairs Fenton made…
2Cases cited2 opinions
- Davis v. TingleCourt of Appeals of Kentucky · 1848
- Connolly v. BranstlerCourt of Appeals of Kentucky · 1868
3Cited by10 opinions
- Coburn v. RaymondSupreme Court of Connecticut · 1904
- Segal v. ReisertCourt of Appeals of Kentucky · 1908
- Clay v. Clay's CommitteeCourt of Appeals of Kentucky · 1918
- Rath's Committee v. SmithCourt of Appeals of Kentucky · 1918
- Campbell v. KerrickCourt of Appeals of Kentucky · 1911
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