156 Ky. 280 | Ky. Ct. App. | 1913
Opinion of the Court by
Affirming.
About 1885 C. A. Johnson conveyed to T. J. Chenault two parcels of land. Chenault paid on the land about $150, and executed notes for the balance of the purchase money. Some time after this, and in 1889, it was agreed) between Johnson and Chenault that Chenault should take
Some time in 1890 Johnson, understanding that the land had been conveyed back to him by Chenault, mortgaged it to one Miller, and suit was brought to enforce it for the benefit of the parties to whom Miller assigned the mortgage note and in this suit the land was sold,to pay the mortgage lien, and bought by Barry, the appellee herein.
In 1907 Chenault brought this suit against Yates, the sheriff of Hardin County, and Barry, the purchaser of the land at the mortgage sale, seeking to recover from them damages for entering upon the land, and claiming that he was the owner of it.
In answer to this suit the defendants, after setting out in substance the foregoing facts, pleaded that Barry and those under whom he claimed had been in the adverse possession of the land for more than fifteen years, and that the right of Chenault to the land was barred by limitation. They further pleaded that he was estopped by his conduct from asserting any claim to the land.
The lower court, after considering the case, dismissed the petition, and Chenault appeals.
The entire record is in a very confused, imperfect condition, but enough may be gleaned from it to know that there is no merit in the claim asserted by Chenault. He never paid anything on the purchase price of this parcel of land now in .controversy. He agreed that Johnson might take this land back upon the surrender of the notes that he had executed for it and did execute to Johnson a deed. It is true this deed was never signed by his wife and probably was never delivered to or taken possession of by Johnson, who, it seems, did not wish to accept the
Under the evidence we have presented three strong reasons why Chenault should not succeed in his . action. There is first the conceded fact that he deeded this land back to Johnson, his vendor, in satisfaction of the purchase money that he owed Johnson on the land. We have second his statement to Stith and Irwin previous to the time they purchased the Miller note that he did not want the land, but only wanted possession of the notes that he had executed to Johnson and on the faith of which statements Stith and Irwin were induced to and did purchase the Miller note. We have furthermore the fact that for more than fifteen years Chenault did not in any tangible or definite way assert title to the land, thus showing that he recognized the trade by which he had reconveyed it to Johnson as binding. To now recognize Chenault as the owner of the land would result in giving it to him without consideration, in depriving Stith and Irwin of the rights they acquired in reliance upon his statements, and would ignore entirely the fifteen year statute of limitation upon which the defendants in this action rely, and that presents, aside from the other considerations, a good defense to the claim now asserted by Chenault.
The judgment is affirmed.