Bean v. Haffendorfer Bros.
Court of Appeals of Kentucky
Case 88 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. The purchase of property under decretal sale at’extraordinary sacrifice is sufficient ground to enable a court of equity to set aside the sale and relieve the parties. (Adams’ Equity, sec. 115; Ross v. Norvell, 1 Wash.
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Case 88 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. The purchase of property under decretal sale at’extraordinary sacrifice is sufficient ground to enable a court of equity to set aside the sale and relieve the parties. (Adams’ Equity, sec. 115; Ross v. Norvell, 1 Wash. Va, 19; Fennick v. Macey. 1 Dana, 276; Baker v. Baker, 13 B. Mon., 408; Montgomery v. Caldwell, 4 Bibb, 306; Blight’s Heirs v. Tobin, 7 Mon., 622; Moyers v. Williams, 1 Duv., 336.) 2. The purchaser at a great sacrifice in a stale case where irregularities exist is converted by a court of equity into a trustee…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
In 1874 Thomasson & Hider, street contractors, holding certain apportionment warrants, issued by ordinance of the general council of the city of Louisville for improving Broadway street, against the owners of adjacent property, instituted an action in the Louisville Chancery Court to enforce the lien provided for in such cases by the city charter; and amongst others made defendants was Isaac Smith, now deceased, who owned a lot of land on each side of the improved portion of the street, the aggregate amount apportioned against him being the sum of…
2Cases cited1 opinion
- Yowell v. GainesCourt of Appeals of Kentucky · 1867
3Cited by27 opinions
- Power v. LarabeeNorth Dakota Supreme Court · 1894
- Durham v. ElliottCourt of Appeals of Kentucky · 1918
- Southern National Life Insurance v. Ford's Admr.Court of Appeals of Kentucky · 1913
- Bowles' Guardian v. JohnsonCourt of Appeals of Kentucky (pre-1976) · 1927
- Wise v. WolfCourt of Appeals of Kentucky · 1905
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