Farmers Bank v. Peter
Court of Appeals of Kentucky
Case ¿-PETITION EQUITY APPEAL PROM HENDERSON COMMON PLEAS COURT. 1. The allegations of the petition — that he, the purchaser, had no notice of the tax liens, and that he understood and believed the lot was free from all liens and encumbrances — failing to allege any fraud upon the part of the appellant, did not entitle the purchaser, Peter, to any relief, legal or equitable, unless it can he shown that appellant was a warrantor by implication of the property sold. 2. “It is…
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Case ¿-PETITION EQUITY APPEAL PROM HENDERSON COMMON PLEAS COURT. 1. The allegations of the petition — that he, the purchaser, had no notice of the tax liens, and that he understood and believed the lot was free from all liens and encumbrances — failing to allege any fraud upon the part of the appellant, did not entitle the purchaser, Peter, to any relief, legal or equitable, unless it can he shown that appellant was a warrantor by implication of the property sold. 2. “It is a well-settled principle that in judicial sales there is no warranty,” etc. (Borer on Judicial Sales, sec. 458.) The…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion op the court.
The doctrine of caveat emptor applies to all sales of real estate made under judgments rendered by the chancellor. After confirmation, wherethe purchaser discovers a defect in the title, or assigns some other reason suificient to set aside the sale, the chancellor will relieve him by refusing to confirm the act of his commissioner; but where the sale has been confirmed, and no ‘ fraud practiced by the creditor on the purchaser, to induce the purchase or warranty of title, no relief will be granted; and we have been unable to find any case where…
2Cited by17 opinions
- Kentucky Union Co. v. CommonwealthCourt of Appeals of Kentucky · 1908
- Bowles' Guardian v. JohnsonCourt of Appeals of Kentucky (pre-1976) · 1927
- Humphrey's Ex'r v. WadeCourt of Appeals of Kentucky · 1886
- Carter v. Crow's Admr.Court of Appeals of Kentucky · 1908
- Dakota Investment Co. v. SullivanNorth Dakota Supreme Court · 1900
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