Horsley v. Asher's Heirs
Court of Appeals of Kentucky
Case 52 — PETITION EQUITY — 1. The plaintiff’s sole ground for relief is fraud, and the burden of proof is upon him to establish that fact, which he has failed to do. The evidence as to the value of the land and of the mineral rights, relates to the time the testimony was given, and not to the time of the contract, and is, therefore, irrelevant. 2. The order of revivor was not made in time.
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Case 52 — PETITION EQUITY — 1. The plaintiff’s sole ground for relief is fraud, and the burden of proof is upon him to establish that fact, which he has failed to do. The evidence as to the value of the land and of the mineral rights, relates to the time the testimony was given, and not to the time of the contract, and is, therefore, irrelevant. 2. The order of revivor was not made in time. It should have been made within one year of the death of the plaintiff, and not being made within that time, the action should have been stricken from the docket. (Civil Code, secs. 509, 510; Hull v.…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
J. D. Aslier brought this action December 10, 1887, to cancel the following writing signed by him and rescind the contract it purports to be evidence of: “Know all men by these presents, that for and in consideration of ten dollars in hand, paid to-day, June 13, 1887, I have sold to W. J. Horsley, all the coal, gas, oils or minerals, with customary mining privileges, in or on the tract of land situated on the waters of Redbird, Olay county, Kentucky, adjoining the lands of R. W. Asher and others, containing three thousand acres, more or less, at…
2Cited by4 opinions
- Ames v. AmesIndiana Court of Appeals · 1910
- Ison v. WolfeCourt of Appeals of Kentucky · 1912
- Brumagen v. HammonsCourt of Appeals of Kentucky · 1953
- Thompson v. Kentucky Power Co.Court of Appeals of Kentucky · 1977