Legal Opinion

Buford v. Brown

Court of Appeals of Kentucky

Decided June 25, 1846PublishedCited by 6 opinions

Appeal prom the Nelson Circuit. Chancery. Case 125.- Caso stated in Defendant’s answer. To authorize the resc'ind'^a eon° tract for the purchase of a chattel, for fraud in should6’ fonder back the property in a reasonable time after thefrau¿vewhat time teadepends upon the facts and circumstances of each case’ Allegation of a tender back without specification of lime, though not denied, does not authorise the inferrence that it was in reasonable time, or as soon as by…

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Appeal prom the Nelson Circuit. Chancery. Case 125.- Caso stated in Defendant’s answer. To authorize the resc'ind'^a eon° tract for the purchase of a chattel, for fraud in should6’ fonder back the property in a reasonable time after thefrau¿vewhat time teadepends upon the facts and circumstances of each case’ Allegation of a tender back without specification of lime, though not denied, does not authorise the inferrence that it was in reasonable time, or as soon as by reasonable vigilance it could have been ascertained. Circumstances from1 which the Court infer that the tender back of the'…

1Opinion of the Court

.¡Judge Breck

delivered the opinion of the Court.

This was a bill in chancery exhibited by the appellees, praying to be relieved against two judgments at law, which lire appellant, -Buford, had recovered against them..

The Court below granted the relief sought, perpetually enjoining both judgments, and Buford has-appealed to this Court.

The appellees, complainants below, based their claim for relief upon the ground that the notes, upon which the judgments in contest were -rendered, were given for two blooded fillies, which had been sold by Buford, the defendant, to three of the complainants and…

2Cases cited3 opinions

  1. Hardwick v. Forbes's administratorCourt of Appeals of Kentucky · 1808
  2. Stewart v. DoughertyCourt of Appeals of Kentucky · 1835
  3. Hoggins v. BecraftCourt of Appeals of Kentucky · 1833

3Cited by6 opinions

  1. Upton v. TribilcockSupreme Court of the United States · 1875
  2. Livermore v. Middlesborough Town Lands Co.Court of Appeals of Kentucky · 1899
  3. Baxter v. DavisCourt of Appeals of Kentucky (pre-1976) · 1934
  4. Brenard Manufacturing Co. v. StuartCourt of Appeals of Kentucky (pre-1976) · 1925
  5. National Life Co. v. Wilkerson's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1934

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