Legal Opinion

Jackson v. Payne's executors

Court of Appeals of Kentucky

Decided January 31, 1859PublishedCited by 11 opinions

CASE 54 — PETITION EQUITY — APPEAL FROM FAYETTE CIRCDIT COURT. cited 1 Story’s Equity, secs. 180-1-2; 3 Vesey, 106; Jb., 309 ; lb., 255-6 ; 2 Brown’s Chan. Rep., 18. cited 18 B. Mon., 260; Civil Code, secs. 125, 126, 128, 129, 130, 690, 691; Rev. Stat., sec. 3, chap. 24, p. 279.

1Opinion of the CourtChief Justice Simpson

delivered the ofinion'of the court:

This action was brought by the executors of Henry C. Payne against John Jackson, on a note for $4,100 75, which he executed to them, for the last installment of the purchase money of a tract of land, which they, as executors aforesaid, had sold to him.

The defendant alleged in his answer that the will of Henry O. Payne, which he exhibited, “ contemplated and intended an *568equal distribution of his estate among all his children, but through inadvertence and mistake in estimates of amounts advanced, his will, if literally carried out, would leave defendant’s…

2Cited by11 opinions

  1. Carroll v. Cave Hill Cemetery Co.Court of Appeals of Kentucky · 1916
  2. Martin v. PalmerCourt of Appeals of Kentucky · 1921
  3. Parrott v. CrosbyCourt of Appeals of Kentucky · 1918
  4. Williams v. WilliamsCourt of Appeals of Kentucky · 1919
  5. Hanson v. PaigeMassachusetts Supreme Judicial Court · 1855

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