Legal Opinion

McGuire v. Bowman

Court of Appeals of Kentucky

Decided February 14, 1869PublishedCited by 2 opinions

Case 71 — PETITION EQUITY — CITED Civil Code, section 40. 2 Duer, 663, Davis v. Mayor of New York. 29 Barb. 25, Shaver v. Brainard. 15 B. Mon. 47, Mays. & Lex. Railroad Co. v. Punnett, &c. 4 Met. 236, Applegate v. Applegate. 4 Met. 30, Bondurant v. Apperson.

1Opinion of the Court

JUDGE PETERS

delivered the opinion op the court.

TMs action was brought by appellant against appellees for the last installment of the purchase price of a tract of land sold by executory contract by the former to the husband and father of the latter, seeking to subject the land to sale for the amount claimed to be due.

*551Two defenses are relied on: first, want of title in the vendor; and second, misrepresentation and fraud in representing the value and condition of the mills on the premises at the time of the contract.

A judgment for a rescission of the contract was rendered by the court below,_…

2Cited by2 opinions

  1. Burton-Whayne Co. v. Farmers & Drovers BankCourt of Appeals of Kentucky · 1908
  2. Butler v. WheelerCourt of Appeals of Kentucky · 1885

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