Stafford v. Trimble

Court of Appeals of Kentucky

Stafford v. Trimble

4 Ky. 323, 1 Bibb 323, 1809 Ky. LEXIS 42

DecidedApril 24, 1809

StatusPublished

This text of 4 Ky. 323 (Stafford v. Trimble) 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

Stafford v. Trimble, 4 Ky. 323, 1 Bibb 323, 1809 Ky. LEXIS 42 (Ky. Ct. App. 1809).

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Opinion

OPINION of the Court, by

Judge BOYLE

B0YLE.-.-.This was an action upon a covenant to convey land on request. The only objection relied on is, that there is no precise and particular request, with a certain day, alleged in the declaration.

The want of an averment of a request to convey on a day certain, is deemed by the court fatally erroneous. Whenever an action accrues on a demand or request, the time as well as the place of the demand or request ought to be alleged so certainly and precisely that it may be traversed. In such cases the common averment of " sa?pe requ~s~tus," is not sufficient

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OPINION of the Court, by

Judge BOYLE

B0YLE.-.-.This was an action upon a covenant to convey land on request. The only objection relied on is, that there is no precise and particular request, with a certain day, alleged in the declaration.

The want of an averment of a request to convey on a day certain, is deemed by the court fatally erroneous. Whenever an action accrues on a demand or request, the time as well as the place of the demand or request ought to be alleged so certainly and precisely that it may be traversed. In such cases the common averment of " sa?pe requ~s~tus," is not sufficient

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Bluebook (online)

4 Ky. 323, 1 Bibb 323, 1809 Ky. LEXIS 42, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stafford-v-trimble-kyctapp-1809.