Citation Numbers: 87 Ky. 153
Judges: Benhett
Filed Date: 3/29/1888
Status: Precedential
Modified Date: 7/24/2022
delivered the opinion op the court.
The appellant, Y. A. Borah, as one of the children, •and as administrator of George M. Borah, deceased, filed his petition in the Bntler Circuit Court for the purpose of settling the estate of said deceased, and having his land sold to pay his indebtedness. One hundred and fifty acres of a tract of three hundred acres of land belonging to said deceased was sold for said purpose. The widow and children, except the appellant Borah, of the deceased, remained in the possession of the remaining portion of said tract. The appellant Borah, having wasted some of the assets of his decedent’s estate, he in 1856, and after the sale of said one hundred and fifty acres of land, moved to the State of Wisconsin, where he has remained ever since. In 1869 all of the children then living of George M. Borah, except the appellant, Y. A. Borah, conveyed, with the consent of their mother, by title bond, all their interest in the remaining one hundred and fifty acres of land to their brothers, C. C. and G. E. Borah. Afterwards, G. E. Borah sold his half of said land to C. C. Borah. Afterwards, to wit, on the fifteenth day of October, 1873, C. C. Borah, together with the other children of George M. Borah,
In 1885, the appellants, Borah and Adkins, filed their joint petition in the Butler Circuit Court against the appellee, for the purpose of having the said tract of land divided in the proportion of one-seventh to the appellant Adkins, and six-sevenths to the appellee.
They alleged in their petition that the appellant Borah, in fact, sold to the appellant Adkins one-seventh of said land, but, by mistake, the deed called for one-eighth only. Among other defenses, the appellee relied on that of champerty. If this defense is available, it is unnecessary to notice the others.
The appellants' contend that, as the appellant Borah and his brothers and sisters -held the land in joint tenancy, the sale by the brothers and sisters of their interest to a stranger, and his sale of the whole tract to another stranger, could not invest the latter with such an adverse possession of Y. A. Borah’s interest in the land as to defeat his vendee’s right to maintain an action to have the land divided, and the interest of Y. A. Borah restored to his vendee.
This court, in the case of Russell, &c., v. Doyle,
The policy of the statute against champerty is to prevent litigation, by prohibiting the sale of land, adversely held, to. a stranger to the title. Tested by this rule, the appellant Adkins, having, as a stranger to the title, purchased Y. A. Borah’s interest in the land while the appellee was in the adverse possession of it, he having also purchased as a stranger to the title, the appellant’s purchase was clearly champertous, and therefore void.
But it is contended that, as Y. A. Borah’s deed conveyed to the appellant Adkins only one-eighth interest in said land, and as Y. A. Borah owned one-seventh interest therein, the difference should have been allotted to him. It is a sufficient answer to this proposition to say, that the appellants, Adkins and Borah,
The judgment of the lower court is affirmed.