Wiseman v. Rainey

Court of Appeals of Kentucky

Wiseman v. Rainey

2 Ky. Op. 108, 1867 Ky. LEXIS 422

DecidedDecember 10, 1867

StatusPublished

This text of 2 Ky. Op. 108 (Wiseman v. Rainey) 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

Wiseman v. Rainey, 2 Ky. Op. 108, 1867 Ky. LEXIS 422 (Ky. Ct. App. 1867).

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Opinion

Opinion op the Court by

Judgke Robertson:

It does not judicially appear that Rainey entered as in fact a sub-tenant under Wiseman, or knowing that his predecessosr was Wiseman’s tenant; and therefore he was not estopped to acquire the legal title from Adams under wh.om Wiseman claimed a prior equity.

There being no proof of either fraud or mistake, the appellee’s prior deed from Adams must, in this action, be adjudged to be the only legal title. And the appellant seems to have no legal right of entry on the appellee’s possession.

Wherefore, the judgment is affirmed.

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Opinion op the Court by

Judgke Robertson:

It does not judicially appear that Rainey entered as in fact a sub-tenant under Wiseman, or knowing that his predecessosr was Wiseman’s tenant; and therefore he was not estopped to acquire the legal title from Adams under wh.om Wiseman claimed a prior equity.

There being no proof of either fraud or mistake, the appellee’s prior deed from Adams must, in this action, be adjudged to be the only legal title. And the appellant seems to have no legal right of entry on the appellee’s possession.

Wherefore, the judgment is affirmed.

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Bluebook (online)

2 Ky. Op. 108, 1867 Ky. LEXIS 422, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wiseman-v-rainey-kyctapp-1867.