Vanmeter v. Vanmeter's Assignee
Court of Appeals of Kentucky
Case 70-PETITION EQUITY — APPEAR PROM PAYETTE CIRCUIT COURT. 1. The court should have ordered a sale of only so much of the land as might be necessary to pay the debts. (Civil Code, section 694.) The presumption is conclusive that a farm of 462 acres can be divided without materially impairing its value, and the court should have acted upon that presumption. (McFarland v, Garrett, 10 Ky.
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Case 70-PETITION EQUITY — APPEAR PROM PAYETTE CIRCUIT COURT. 1. The court should have ordered a sale of only so much of the land as might be necessary to pay the debts. (Civil Code, section 694.) The presumption is conclusive that a farm of 462 acres can be divided without materially impairing its value, and the court should have acted upon that presumption. (McFarland v, Garrett, 10 Ky. Law Rep., 91; . Sears v. Henry, 13 Bush, 415.) 2. The judgment was erroneous in failing to fix the indebtedness to be paid. (Civil Code, section 696.) 3. Patent errors in the judgment should be considered…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
The appeal is prosecuted in this case from the original judgment and from the order overruling the exceptions to the commissioner’s report and confirming it. The reversal of the original judgment can in nowise benefit the appellant unless the order of confirmation is also reversed, and it is, therefore, only necessary to consider that branch of the case. The assignment evidently contemplated that some of the proceeds of the estate assigned, or a part of the estate itself, would in all probability be restored by the assignee to the assignor, but,…
2Cases cited2 opinions
- Stump v. MartinCourt of Appeals of Kentucky · 1872
- Egard v. ChearnlyCourt of Appeals of Kentucky · 1866
3Cited by9 opinions
- Webb v. Webb's GuardianCourt of Appeals of Kentucky · 1917
- In re Haywood Wagon Co.Court of Appeals for the Second Circuit · 1914
- Rose v. CoxCourt of Appeals of Kentucky (pre-1976) · 1944
- Guest v. FosterCourt of Appeals of Kentucky · 1914
- Moore v. Waltman's Adm'xCourt of Appeals of Kentucky (pre-1976) · 1941
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