Prisler v. Shwabeston

Court of Appeals of Kentucky

Prisler v. Shwabeston

5 Ky. Op. 257, 1871 Ky. LEXIS 362

DecidedOctober 14, 1871

StatusPublished

This text of 5 Ky. Op. 257 (Prisler v. Shwabeston) 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

Prisler v. Shwabeston, 5 Ky. Op. 257, 1871 Ky. LEXIS 362 (Ky. Ct. App. 1871).

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Opinion

Opinion by

Judge Pryor:

We perceive no error in the judgment rendered by the court below. The appellant knew when he made the sale of the land to the appellee that the tract did not contain as much as two hundred and fifty acres. He himself then had a deed of record for the same land and by this deed his vendor conveys to him only two hundred and five acres. It was his duty to have dis[258]*258closed this fact to the appellee at the time he sold him the land; this he failed to do, and should now be held responsible for the deficit.

Stratton, for appellant. Bush, for appellees.

The judgment of the court below is affirmed.

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Opinion by

Judge Pryor:

We perceive no error in the judgment rendered by the court below. The appellant knew when he made the sale of the land to the appellee that the tract did not contain as much as two hundred and fifty acres. He himself then had a deed of record for the same land and by this deed his vendor conveys to him only two hundred and five acres. It was his duty to have dis[258]*258closed this fact to the appellee at the time he sold him the land; this he failed to do, and should now be held responsible for the deficit.

Stratton, for appellant. Bush, for appellees.

The judgment of the court below is affirmed.

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Bluebook (online)

5 Ky. Op. 257, 1871 Ky. LEXIS 362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prisler-v-shwabeston-kyctapp-1871.