Poynter v. Delph

Court of Appeals of Kentucky

Poynter v. Delph

4 Ky. Op. 353, 1870 Ky. LEXIS 367

DecidedDecember 17, 1870

StatusPublished

This text of 4 Ky. Op. 353 (Poynter v. Delph) 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.

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Poynter v. Delph, 4 Ky. Op. 353, 1870 Ky. LEXIS 367 (Ky. Ct. App. 1870).

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Opinion

OPINION OE THE 0OURT BY

JtTDGE PETERS :

The only objection to the title to the land as pointed out by this court was removed after the return of the cause to the court below, and as Delph’s title is now unquestionable, and his conveyance will invest the appellant with a perfect title, we can not say that it is an error for which this court should reverse the judgment by requiring Delph to convey the land, and acknowledge the deed, and deposit it with the clerk of the county court for record, instead of first producing it to the court below for inspection, especially as the case is retained on the docket, and the circuit court has the power to remedy any defect in the deed required to be made.

As to the allowance of 30 days for appellee to pay the money and prevent a sale, he is not prejudiced by that indulgence, and can not complain of it.

Judgment affirmed.

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OPINION OE THE 0OURT BY

JtTDGE PETERS :

The only objection to the title to the land as pointed out by this court was removed after the return of the cause to the court below, and as Delph’s title is now unquestionable, and his conveyance will invest the appellant with a perfect title, we can not say that it is an error for which this court should reverse the judgment by requiring Delph to convey the land, and acknowledge the deed, and deposit it with the clerk of the county court for record, instead of first producing it to the court below for inspection, especially as the case is retained on the docket, and the circuit court has the power to remedy any defect in the deed required to be made.

As to the allowance of 30 days for appellee to pay the money and prevent a sale, he is not prejudiced by that indulgence, and can not complain of it.

Judgment affirmed.

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4 Ky. Op. 353, 1870 Ky. LEXIS 367, Counsel Stack Legal Research, https://law.counselstack.com/opinion/poynter-v-delph-kyctapp-1870.