Jenkins v. Smith
Court of Appeals of Kentucky
CASE 43 — PETITION EQÜITY Smith, assignee of Standeford sued Jenkins upon a note for $500, part of the consideration for 'certain real estate purchased by Jenkins of Standeford, seeking a personal judgment and the enforcement of the vendor’s lien. Willis and wife and Hughes and Vandyke, who held the notes for the balance of the purchase money, were also made defendants, together with Standeford.
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CASE 43 — PETITION EQÜITY Smith, assignee of Standeford sued Jenkins upon a note for $500, part of the consideration for 'certain real estate purchased by Jenkins of Standeford, seeking a personal judgment and the enforcement of the vendor’s lien. Willis and wife and Hughes and Vandyke, who held the notes for the balance of the purchase money, were also made defendants, together with Standeford. Jenkins answered, setting up, by way of counter-claim or set-off, the sum of $281.35, mentioned in the opinion, as having been paid by him in discharge of a lien upon the property in favor of Jones…
1Opinion of the Court
JUDGB DUVALL
delivered the opinion oe the coukt:
The appellant relies upon two grounds for a reversal of the judgment in this case:
*3821. That tbe demand set up by him in his answer, by way of counter-claim or set-off, was not controverted by the appellees, and should, therefore, have been allowed by- the court.
2. That he was not served with process upon the answers and cross-petitions of the defendants, Willis and wife and Hughes and Vandyke.
Upon the first point we are satisfied that the facts stated in the answer of Jenkins, are wholly insufficient to authorize the legal deduction that there…
2Cases cited1 opinion
- Caldwell's Executors v. KinkeadCourt of Appeals of Kentucky · 1841
3Cited by6 opinions
- Jackson v. PhillipsMassachusetts Supreme Judicial Court · 1867
- Perry v. WilliamsWisconsin Supreme Court · 1876
- Campbell v. Nichols & TompkinsSupreme Court of New Jersey · 1868
- Silsby v. BarlowMassachusetts Supreme Judicial Court · 1860
- Burt v. PerkinsMassachusetts Supreme Judicial Court · 1857
1 more not listed; retrieve them via the Exa API.