Brown v. Combs
Court of Appeals of Kentucky
Appeal prom the Woodford Circuit. Chancery. Case 88. A purchaser under execution •will hold against the' Tendee byparol of the defendant in the execution.
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Appeal prom the Woodford Circuit. Chancery. Case 88. A purchaser under execution •will hold against the' Tendee byparol of the defendant in the execution. A sale was made of land, and a deed made by the Sheriff to the vendee of the purchaser, and thepurchasexunder the execution gave his negotiable notes to the plaintiff in the execution, and the execution on the sale bond was returned satisfied.-r-Held that the purchaser could not in equity be relieved from liability upon, his negotiable note3 given to the plaintiff in the execution in lieu of the sale bond and as satisfaction thereof. A…
1Opinion of the CourtChief Justice Marshall
The alledged executory agreement of 1835, between Stanton’s heirs and Smith, being in parol, could not have been enforced against the subsequent purchase of Divine, under the execution against Stanton’s heirs. But Divine having received a conveyance from the Sheriff, might have retained the title, and recovered the land, subject at most to a lien for the reimbursement of the $250 which Smith had paid. The reversal of the judgment under which he had purchased, threw no difficulty in the way of his retaining the title or recovering the possession; and whether Stanton’s heirs or the plaintiff in…
2Cited by1 opinion
- Preston v. HenningCourt of Appeals of Kentucky · 1869