Fitzpatrick v. Apperson's ex'x
Court of Appeals of Kentucky
Case 5 ^ORDINARY APPEAL FROM MONTGOMERY CIRCUIT COURT. 1. If the purchaser allows the former owner of the land to redeem even in part, and after the lapse of a year charges him ten per cent., it is usury.
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Case 5 ^ORDINARY APPEAL FROM MONTGOMERY CIRCUIT COURT. 1. If the purchaser allows the former owner of the land to redeem even in part, and after the lapse of a year charges him ten per cent., it is usury. (Williams v. Williams, 8 Bush, 241.) 2. This case is different from Smith v. Young (11 Bush, 393), but is similar to the case of Rudd v. Planters’ Bank of Kentucky (MS. Opin., May, 1879). 3. When part of redemption money is paid, the purchaser and his assignee are estopped to demand a conveyance. 1. Appellants are estopped to deny that Apperson owned the notes sued upon. 2. The law and facts…
1Opinion of the Court
JUDGE HARGIS
delivered tiie opinion op the court.
In the years 1851-’2-’3 the Northern Bank of Kentucky recovered judgments against appellant, W. H. Fitzpatrick, and others, in the Floyd circuit court, on which executions were issued and levied upon his lands.
And at their sale Richard Apperson, jr., as attorney for the bank, became the purchaser.
Five of the parcels so sold were redeemed by Fitzpatrick, and as to the other tracts, after the time for redemption under the statute had expired, the bank, through Apperson as its attorney, on the 10th of May, 1858, received from Fitzpatrick three…
2Cases cited2 opinions
- Smith v. YoungCourt of Appeals of Kentucky · 1875
- Williams v. WilliamsCourt of Appeals of Kentucky · 1871
3Cited by12 opinions
- Taulbee v. HargisCourt of Appeals of Kentucky · 1917
- Hill v. Cornwall & Bro.'s AssigneeCourt of Appeals of Kentucky · 1894
- Elson v. WalkerSupreme Court of Oklahoma · 1921
- Kendall v. CrouchCourt of Appeals of Kentucky · 1889
- Paine v. LevyCourt of Appeals of Kentucky · 1911
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