Dye v. Holland
Court of Appeals of Kentucky
CASE 88 — PETITION EQUITY APPEAL FROM LARUE CIRCUIT COURT. . CITED— 3 Met., 368-9 ; Fall vs. McMurdy. 2 Bibb, 270; Young vs. Craig. 4 Bibb, 81; Smith vs. Smith. ’2 Dana, 265; Harrison vs. Talbot. CITED— 2 Duvall, 283. Angelí on Limitations, secs. 187, 190. 1 Hilliard on Vendees, secs. 23 to 26.
1Opinion of the Court
JUDGE HARDIN
delivered the opinion op the court:
Although the sale of the land to the appellant was not by the acre, but in gross, the deficiency proved of forty-one and three fourths acres in the tract, which was sup*636posed to contain two hundred acres, was beyond the range of ordinary contingency, and such as would in proper time have entitled the appellant to relief, on the ground that he acted, in purchasing the land, under a palpable mistake as to its true quantity. Whether the action was barred by limitation, therefore, is the only material question to be determined on this appeal.
The…
2Cited by10 opinions
- Morris v. McDonaldCourt of Appeals of Kentucky · 1922
- Nave v. PriceCourt of Appeals of Kentucky · 1900
- Salyer v. BlessingCourt of Appeals of Kentucky · 1913
- Mason v. CookCourt of Appeals of Kentucky · 1919
- Cavanaugh v. BrittCourt of Appeals of Kentucky · 1890
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