FLOYD COUNTY BOARD OF EDUCATION v. JOHNSON


260 S.W.2d 217 (1953)

FLOYD COUNTY BOARD OF EDUCATION v. JOHNSON et al. JOHNSON v. FLOYD COUNTY BOARD OF EDUCATION.

Court of Appeals of Kentucky.

May 22, 1953.


Attorney(s) appearing for the Case

Joe Hobson and Combs & Combs, Prestonsburg, for Floyd County Board of Ed.

A. H. Patton, Jackson, Cordell H. Martin, Hindman, for Robert and Russell Johnson.


STANLEY, Commissioner.

The judgment is that a deed was in fact executed to secure a debt, hence is to be regarded in equity as a mortgage; the Floyd County Board of Education as remote vendee was not an innocent purchaser; Lee Johnson and his son Russell are estopped from denying the conveyance, but another son, Robert, is not estopped and is entitled to recover $1,750, which is the equivalent of one-fourth of the sum paid by the Board for the property. The Board...

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