October 25, 2012

Turpin v. Banton, Lincoln, 1808


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Turpin v. Banton.


3 Ky. 320; 1808 Ky. LEXIS 60; 1 Hard. 320

March, 1808, Decided

PRIOR HISTORY:  [**1]  Turpin filed his bill against Banton, and, among other things, alleged that the defendant gave him a verbal authority to sell a negro, which belonged to the defendant; that he had sold him accordingly; that Banton threatened to bring suit for the negro, denying the authority to sell. The bill asked to perpetuate the evidence as to his authority, and prayed that the defendant might be compelled to release his claim, etc. The Lincoln circuit court, on the final hearing, dismissed the bill. Turpin appealed. 

DISPOSITION: Decree affirmed. 

COUNSEL: The cause was argued by Clay for the appellant, and Allen for the appellee. 


 [*321]  THE OPINION OF THE COURT, which went into a detail of the cause, was bottomed upon and recognized the following principles:

As a bill to perpetuate testimony, the purpose was effected by taking the depositions; and being accompanied with a prayer for relief, and brought on for hearing, the court did right to dismiss it, with costs. See Hall v. Hoddisdon, 2 P. Wms. 162; 1 Harr. Chan. Prac. 128; 2 Vent. 366.

An award determining "certain matters and accounts, now in dispute, and undetermined between the parties," without showing [**2]  what matters and accounts were in dispute, is void for uncertainty.

A bill in chancery will not lie to compel the specific performance of an award for the payment of a sum of money. The party's remedy is at law.

Decree affirmed.

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