If a deed such as that mentioned in KRS § 381.150, contains a general warranty of the estate it purports to convey, and there is a claimant of the land who has received any estate, real or personal, by gift, advancement, descent, devise or distribution from the vendor, such claimant shall be barred of recovery to the extent of the value of the estate so devised. If, after the claimant has recovered the land from such vendee, or if, after having been required to answer, he has denied the reception of any estate in either of the modes before named, the estate shall come to him in any such manner, the vendee, his heirs or personal representative, may recover from such claimant upon the warranty the value of such estate or so much thereof as will be sufficient to satisfy his demand.
Effective: October 1, 1942

Terms Used In Kentucky Statutes 381.160

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Devise: To gift property by will.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.

History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. sec. 2352.

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