Kincaid v. Tutt
Court of Appeals of Kentucky
Case 62 — PETITION EQUITY — APPEAL PROM WOLFE CIRCUIT COURT. Land was sold at commissioners’ sale for $250 that was worth $1,500.. The commissioner had agreed to notify counsel for execution defendant of the time of sale, and counsel was ready and willing to bid the amount of the debt. Counsel was not notified and report of sale was confirmed, On an offer to pay the debt the sale should have been set aside.
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Case 62 — PETITION EQUITY — APPEAL PROM WOLFE CIRCUIT COURT. Land was sold at commissioners’ sale for $250 that was worth $1,500.. The commissioner had agreed to notify counsel for execution defendant of the time of sale, and counsel was ready and willing to bid the amount of the debt. Counsel was not notified and report of sale was confirmed, On an offer to pay the debt the sale should have been set aside. I. When a commissioner’s report of sale is confirmed without exceptions, the judgment of confirmation is final and can not be set aside at a succeeding term. ( Megowan v. Pennebakers, 3…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion op the court.
In the case of the appellants, Socrates Kincaid, as administrator, and others, against John Tutt, &c., the Chancellor adjudged the sale of the land in controversy,, to satisfy a debt in favor of the appellants amounting to^ about $1,600. Said land was sold by the court’s commissioner as many as three times before the sale complained of on this appeal; but each of said sales was set aside on account of some irregularity, except the third, which was set aside on account of the failure of the appellant, Socrates Kincaid, who purchased the land at…
2Cases cited1 opinion
- Bean v. Haffendorfer Bros.Court of Appeals of Kentucky · 1887
3Cited by7 opinions
- Bowles' Guardian v. JohnsonCourt of Appeals of Kentucky (pre-1976) · 1927
- First State Bank v. Thacker's AdministratrixCourt of Appeals of Kentucky (pre-1976) · 1926
- Wise v. WolfCourt of Appeals of Kentucky · 1905
- Ramey v. Francis, Day & Co.Court of Appeals of Kentucky · 1916
- Dakota Investment Co. v. SullivanNorth Dakota Supreme Court · 1900
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