McHenry v. Winston
Court of Appeals of Kentucky
Case 37 — EQUITY 1. Historical sketch of chancery commissioners in Kentucky; Dunlap y. Kennedy, 10 Bush, 539; Act February 28, 1835 (p. 414); Act February 20, 1839 (p. 295); Revised Statutes, Ch. 65; General Statutes, Ch. 41, Art. 16; Ch. 75, sec. 14; Civil Code, sec. 779, 782; Constitution, sec. 59; Act April 21, 1892 (Ky. Stat., sec. 392, et seq.); Act February 25, 1893, (Ky. Stat., sec. 408); Act June 15, 1893 (Ky. Stat., sec. 1720 et seq.); Act March 15, 1894 (Ky.
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Case 37 — EQUITY 1. Historical sketch of chancery commissioners in Kentucky; Dunlap y. Kennedy, 10 Bush, 539; Act February 28, 1835 (p. 414); Act February 20, 1839 (p. 295); Revised Statutes, Ch. 65; General Statutes, Ch. 41, Art. 16; Ch. 75, sec. 14; Civil Code, sec. 779, 782; Constitution, sec. 59; Act April 21, 1892 (Ky. Stat., sec. 392, et seq.); Act February 25, 1893, (Ky. Stat., sec. 408); Act June 15, 1893 (Ky. Stat., sec. 1720 et seq.); Act March 15, 1894 (Ky. Stat., sec. 1740). 2. In adopting the Act of February 25, 1893 (Ky. Stat., sec. 408) the Legislature never intended to give…
1Opinion of the Court
JUDGE HOBSON
delivered the opinion of the court.
In this case the Jefferson Circuit Court ordered a sale of certain property as prayed in the petition. Thereupon the parties agreed upon T. H. Whayne as special commissioner to make the sale, and moved the court to appoint him in place of the regular commissioner, Cl. A. Winston. The reason for this motion seems to be that Whayne agreed to make the sale for less than the court allowed its regular commissioner in such cases. The court overruled the motion for the appointment of a special commissioner, and this is the first question to be…
2Cited by4 opinions
- James v. BarryCourt of Appeals of Kentucky · 1910
- Shaw v. FoxCourt of Appeals of Kentucky (pre-1976) · 1932
- Hely v. Fred Hoertz & Co.Court of Appeals of Kentucky · 1904
- Rash v. GivensCourt of Appeals of Kentucky · 1913