Legal Opinion

Allison v. Cocke's Exrs

Court of Appeals of Kentucky

Decided December 4, 1901PublishedCited by 6 opinions

Case 20 — Action to Recover Money Paid APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION Judgment fcir Defendants and Plaintiffs Appeal. This is the second time these causes have been in this court. (Allison, &c. v. Cocke’s Exr., &c., 21 Ky. Law Rep., 434.) On each appeal, Allison and Fawcett, who were the plaintiffs below, have been the appellants.

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Case 20 — Action to Recover Money Paid APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION Judgment fcir Defendants and Plaintiffs Appeal. This is the second time these causes have been in this court. (Allison, &c. v. Cocke’s Exr., &c., 21 Ky. Law Rep., 434.) On each appeal, Allison and Fawcett, who were the plaintiffs below, have been the appellants. On the original trial in the circuit, court, before the first appeal, the court entered a judgment dismissing absolutely the petition of plaintiffs. On appeal this judgment was reversed, and the cause remanded for further-proceedings.…

1Opinion of the Court

Opinion of the court by

JUDGE DURELL-E

Reversing.

On February 12, 1891, by a written contract betw'een appellants and-tbe appellees, the executors of Eliza R. Cocke, it was recited that appellants “hereby agree to purchase from said Cocke’s executors the following real estate, lo*217cated in the county of Jefferson, Kentucky, towit, a tract of land containing 609 acres more or less, -. . . for the sum of $250,000, to be paid as follows: One-fourth cash, and the balance on or before one, two, and three years, with interest at six per cent, per annum from date till paid; said deferred payments to be…

2Cases cited7 opinions

  1. Boom Co. v. PattersonSupreme Court of the United States · 1879
  2. Williams v. McMillanOhio Supreme Court · 1849
  3. Alloway v. NashvilleTennessee Supreme Court · 1890
  4. Young v. HarrisonSupreme Court of Georgia · 1855
  5. Five Tracts of Land in Cumberland Tp. v. United StatesCourt of Appeals for the Third Circuit · 1900

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3Cited by6 opinions

  1. Ch. & Ohio Ry. Co. v. Lang's Adm'xCourt of Appeals of Kentucky · 1909
  2. Linde v. EllisCourt of Appeals of Kentucky (pre-1976) · 1928
  3. Davis v. LacyDistrict Court, E.D. Kentucky · 1954
  4. Gordon v. WanlessCourt of Appeals of Kentucky (pre-1976) · 1929
  5. Sullivan v. EsterleCourt of Appeals of Kentucky · 1954

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