Briggs v. Cain

Court of Appeals of Kentucky

Briggs v. Cain

6 Ky. Op. 73, 1872 Ky. LEXIS 423

DecidedDecember 9, 1872

StatusPublished

This text of 6 Ky. Op. 73 (Briggs v. Cain) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Briggs v. Cain, 6 Ky. Op. 73, 1872 Ky. LEXIS 423 (Ky. Ct. App. 1872).

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Opinion

Opinion by

Judge Pryor:

The demurrer to the petition was properly sustained. There is no allegation that Turner aided the sons of Davis in obtaining the deed for the land described, or that he was even cognizant of the alleged fraud; he occupies the attitude of an innocent purchaser for a valuable consideration, the petition alleging that he paid the purchase money in debts owing him by the father. A cancelment of the deed to the sons would avail the appellant nothing, as the land could not be subjected to the payment of the appellant’s debts, the legal title being in Turner. There is no allegation that the sons [74]*74received any of the purchase money, but on the contrary, the whole' amount was paid by Turner to the father. The cáse is not within the act of 1856, as many years had elapsed front the conveyance to the institution of the suit.

Hmelrigg, for appellants. Cooper, for appellee.

The judgment is affirmed.

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Opinion by

Judge Pryor:

The demurrer to the petition was properly sustained. There is no allegation that Turner aided the sons of Davis in obtaining the deed for the land described, or that he was even cognizant of the alleged fraud; he occupies the attitude of an innocent purchaser for a valuable consideration, the petition alleging that he paid the purchase money in debts owing him by the father. A cancelment of the deed to the sons would avail the appellant nothing, as the land could not be subjected to the payment of the appellant’s debts, the legal title being in Turner. There is no allegation that the sons [74]*74received any of the purchase money, but on the contrary, the whole' amount was paid by Turner to the father. The cáse is not within the act of 1856, as many years had elapsed front the conveyance to the institution of the suit.

Hmelrigg, for appellants. Cooper, for appellee.

The judgment is affirmed.

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Bluebook (online)

6 Ky. Op. 73, 1872 Ky. LEXIS 423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/briggs-v-cain-kyctapp-1872.