Rogers v. Thornton
Court of Appeals of Kentucky
Case 93 — Petition Equity 1. The appellee knew at the time of the sale that the title was in doubt, and one who accepts a quit claim deed takes only the interest of the grantor. Peters v. Gratier, 20 Amer. St. Rept., 508; Stelle & Son v. Sioux Valley Bank, 18 Amer. St. Rept., 370; Garrard v. Crusipher, 15 Amer. St. Rept, 850; Johnson v. Williams, 1 Amer.
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Case 93 — Petition Equity 1. The appellee knew at the time of the sale that the title was in doubt, and one who accepts a quit claim deed takes only the interest of the grantor. Peters v. Gratier, 20 Amer. St. Rept., 508; Stelle & Son v. Sioux Valley Bank, 18 Amer. St. Rept., 370; Garrard v. Crusipher, 15 Amer. St. Rept, 850; Johnson v. Williams, 1 Amer. St. Rep., 243; 35 Neb., 361; 53 N. W. Rept., 140. 2. A matter of opinion, such as expressing an opinion that the title to property is good, does not amount to fraud. Lawson’s Rights, Remedies & Practice, 5 Book, p. 3930, sec. 2345; Curry y.…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion oe the court.
Rogers and wife sold and conveyed to the appellee, Thornton, a house and lot in Gravel Switch, Kv., at the price of $125, of which $50 was paid in cash and a note for $75 was executed for the balance. The vendors executed to their vendee and 'he accepted a quit claim deed for the property. When sued on the purchase money note Thornton resists recovery upon the ground that the consideration of the note had wholly failed and that its execution had been induced •by false representations. The court sustained his defense and dismissed the petition.…
2Cited by1 opinion
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