Hieronymus v. Hicks

Court of Appeals of Kentucky

Hieronymus v. Hicks

26 Ky. 701, 3 J.J. Marsh. 701, 1830 Ky. LEXIS 164

DecidedApril 28, 1830

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This text of 26 Ky. 701 (Hieronymus v. Hicks) 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

Hieronymus v. Hicks, 26 Ky. 701, 3 J.J. Marsh. 701, 1830 Ky. LEXIS 164 (Ky. Ct. App. 1830).

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Opinion

Judge Undeiuvood

delivered the opinion of the Court.

Hicks filed his bill to rescinda contract for land, made with Hieronymus, upon the ground, that he had no title to the land. The court decreed in favor of Hicks.

It is clearly proved, that Hieronymus executed and delivered a deed of conveyance, which was accepted by Hicks. It is not charged, that Hieronymus is insolvent, or non-resident. It is not alleged, that Hicks has been evicted in virtue of any paramount title. We are therefore of opinion, that Hicks has shewn no cause for coming into a court of chancery, So far as he has been, or may be injured, the common law tribunals can afford him redress.

Wherefore, the decree of the circuit court is set .aside, and the cause remanded with directions to dismiss the bill with costs. The plaintiff" in error must recover costs in this court.

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Judge Undeiuvood

delivered the opinion of the Court.

Hicks filed his bill to rescinda contract for land, made with Hieronymus, upon the ground, that he had no title to the land. The court decreed in favor of Hicks.

It is clearly proved, that Hieronymus executed and delivered a deed of conveyance, which was accepted by Hicks. It is not charged, that Hieronymus is insolvent, or non-resident. It is not alleged, that Hicks has been evicted in virtue of any paramount title. We are therefore of opinion, that Hicks has shewn no cause for coming into a court of chancery, So far as he has been, or may be injured, the common law tribunals can afford him redress.

Wherefore, the decree of the circuit court is set .aside, and the cause remanded with directions to dismiss the bill with costs. The plaintiff" in error must recover costs in this court.

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Bluebook (online)

26 Ky. 701, 3 J.J. Marsh. 701, 1830 Ky. LEXIS 164, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hieronymus-v-hicks-kyctapp-1830.