Vallandingham v. Johnson
Court of Appeals of Kentucky
Case 41 — PETITION EQUITY APPEAL PROM SIMPSON CIRCUIT COURT. 1. As appellee did not have actual and adverse possession of the land, a court of equity had no jurisdiction to render the judgment quieting his title.
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Case 41 — PETITION EQUITY APPEAL PROM SIMPSON CIRCUIT COURT. 1. As appellee did not have actual and adverse possession of the land, a court of equity had no jurisdiction to render the judgment quieting his title. It is not enough to show possession as a coparcener under an agent or tenant who represents as well the defendant as the plaintiff. 2. The preponderance of the evidence shows that the grantor, Horn, was twenty-one years of age when he conveyed to appellant, and he thereby not only repudiated his contract with appellee, but disabled himself from thereafter ratifying it. ■3. Even…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
N, H. Horn sold to tlie appellee, Johnson, on October 14, 1881, by title bond, his undivided interest in a tract of land. He was then an infant. The bond recited that he would become of age in December, 1882, and that he would then convey by deed. The vendeehad the bond recorded in the county where the land lies : but the record of it was destroyed by-fire in May,, 1882. It was, however, not a recordable instrument, and could not, therefore, operate to give constructive notice of the purchase to third parties. On January 3, 1883, Horn, for value,…
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