Trigg v. Jones' Administrator
Court of Appeals of Kentucky
Case 8 — PETITION EQUITY APPEAL PROM HENDERSON CIRCUIT COURT. 1. A 'chancellor ‘will promptly afford relief in a subsequent action from fraud or mistake occurring in judicial sales.
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Case 8 — PETITION EQUITY APPEAL PROM HENDERSON CIRCUIT COURT. 1. A 'chancellor ‘will promptly afford relief in a subsequent action from fraud or mistake occurring in judicial sales. Miller v. Craig, 83 Ky., 624; Dawson v. Goodwin, 15 B. M., 439; Cosby v. WicklifiCe, 12 B. M., 202. 2. While under the rule of caveat ‘emptor a court does not warrant the title to property it sells and the1 purchaser himself must beware, and satisfy himself on that point; where there is fraud or mistake as to the quantity of land sold' .the relief will be granted! even after the confirmation of the sale. Falls v.…
1Opinion of the Court
JUDGE BURN AM
delivered the opinion oe the court.
The administrator of T. B. Jones, in a suit brought to settle his estate, obtained a judgment to sell 50 acres of land to pay the debts of his intestate. The decree directed the sale of a tract of land described as ‘‘containing about 50 acres,” and it was put up and sold as a tract containing 150 acres. The commissioner testifies that he supposed that that was the amount of land he was selling, it being appraised before the sale as 50 acres at $30 per acre: that the bidding at the sale commenced and continued by the acre up to a certain point,…
2Cases cited2 opinions
- Kirk v. SmithSupreme Court of the United States · 1829
- Williams v. Glenn's AdministratorCourt of Appeals of Kentucky · 1888
3Cited by4 opinions
- Bowles' Guardian v. JohnsonCourt of Appeals of Kentucky (pre-1976) · 1927
- Castleman's Adm'r v. CastlemanWest Virginia Supreme Court · 1910
- Courtney v. FarthingCourt of Appeals of Kentucky (pre-1976) · 1940
- Timothy Lunsford v. Central Bank and Trust CompanyCourt of Appeals of Kentucky · 2021