Price's Adm'r v. Thompson
Court of Appeals of Kentucky
Case 32 — PETITION EQUITY APPEAL prom barren circuit court. 1. The loss or disappearance of the vouchers filed with the commissioner was a “surprise on a material point,” which, taken in connection with the other facts of the case, was sufficient to entitle appellant to a new trial.
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Case 32 — PETITION EQUITY APPEAL prom barren circuit court. 1. The loss or disappearance of the vouchers filed with the commissioner was a “surprise on a material point,” which, taken in connection with the other facts of the case, was sufficient to entitle appellant to a new trial. (Hughes v. McGee, 1 Mar., 29; McCall v. Hitchcock, 9 Bush, 66; Ewing v. Price, 3 J. J. Mar., 523.) 2. A trustee can not be allowed to purchase property at a judicial sale if the trust estate is interested in having the property bring the highest price; and this rule applies to a commissioner of court. The sale-in…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion of the court.
The appellant filed his petition in the Barren Circuit Court against the appellees, Buford M. Thomp*221.son and T. M. Dickey, the Master Commissioner of the Barren Circuit Court, and others. In his petition he alleges that appellee, Thompson, filed his petition in the Barren Circuit Court against him as the administrator of Joseph Price, deceased, for the' purpose of having the decedent’s estate settled, and the < sale of'land to pay debts, etc.
That appellee, T. M. Dickey, to whom the case was referred as the Master Commissioner of the court,…
2Cases cited1 opinion
- Stapp v. TolerCourt of Appeals of Kentucky · 1814
3Cited by34 opinions
- Ellis v. CommonwealthCourt of Appeals of Kentucky · 1912
- Gravitt v. CommonwealthCourt of Appeals of Kentucky · 1919
- Sears v. CollieCourt of Appeals of Kentucky · 1912
- Louisville & N. R. R. v. Ueltschi's Admr.Court of Appeals of Kentucky · 1907
- Woods v. Kentucky Traction & Terminal Co.Court of Appeals of Kentucky (pre-1976) · 1933
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