Burton v. McKinney
Court of Appeals of Kentucky
Case 35 — PETITION EQUITY — CITED Civil Code, sec. 118. 2 Met. 230, City of Covington v. Powell. 2 Met. 311-13, Moxley’s adm’r v. Moxley. CITED 3 Met. 29. 4 Met. 100. 2 Marshall, 130. 1 Littell, 27. 3 Bush, 168. Civil Code, sec. 405.
1Opinion of the Court
JUDGE ROBERTSON
delivered the opinion of the court.
In attempting to enforce McKinney’s lien on the equitable title of Burton, the circuit court had no right to adjudge the sale of the whole of the land for undue installments of the consideration promised by Burton for the sale of the land to him by McKinney. Burton was not liable to judgment for the whole consideration until the whole was due; and if the decree had subjected the *429Land to pay only the two installments then due, he might perhaps have prevented the sale by paying the amount adjudged, when he might not have been able to pay the…
2Cited by4 opinions
- Fisher v. EvansCourt of Appeals of Kentucky · 1917
- Emison v. RisqueCourt of Appeals of Kentucky · 1872
- Salyer v. Union BankCourt of Appeals of Kentucky · 1912
- Gibbs v. Ballard County Bank's AssigneeCourt of Appeals of Kentucky · 1914