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3 Ky. Op. 614

Robinson v. McLaughlin

Court of Appeals of Kentucky

Decided April 26, 1869

Court of Appeals of Kentucky · decided 1869-04-26

<p>Estoppel — Judicial Sale — Purchase on Faith of Allegation in Petition.</p> <p>Appellant alleged in her petition that her husband gave her the property in litigation, and the appellee purchased on the faith of that allegation. Held, to estop her to allege or prove the contrary.</p>

Decided 1869-04-26

¶1Opinion of the Court by

Judge Robertson:

¶2It seems to this court that the appellant is concluded by the decree under which the appellee McLaughlin purchased her house and lot.

¶3Her petition in that case alleged that her husband gave her the property, and McLaughlin’s purchase on the faith of that allegation, estops her to allege or prove the contrary. Then, according to the 17th section, article 4, chapter 28, Revised Statutes, she might alienate her interest, with consent of the donor, which was given to tbat decree.

¶4Wherefore, the judgment dismissing her petition for reclamation is affirmed.

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