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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Emmons v. Madden, 781 S.W.2d 529 (1989)

Citation
Emmons v. Madden, 781 S.W.2d 529 (1989)
Parent Document
Emmons v. Madden, 781 S.W.2d 529 (1989)
Jurisdiction
Kentucky (state)
Effective Date
1989-12-08

Full Text

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In her defense Emmons alleged she was not properly served with notice of the action, and that the district court did not have the requisite jurisdiction to entertain the matter. On the merits of the case she argued that although she had conveyed the properties to Madden, it was with the understanding that 50% of the property would be reconveyed to her, and that she and Madden had entered into a joint venture involving the businesses on the subject properties. She alleged she had had continuous possession of the properties for several years and the right to remain in possession as part owner under the terms of the business agreement with Madden. Emmons in fact initiated an action in the circuit court to set aside the conveyances for fraud and misrepresentation and for breach of contract.