Withers v. Kentucky Joint Stock Land Bank

Opinion of the Court by

Stanley, Commissioner

—Reversing.

A default judgment was rendered against the appellant, Miss Bettie Withers, for the principal snm of about $4,700 in favor of the appellee Kentucky Joint Stock Land Bank. The executor of the estate of M. T. McEldowney was adjudged a second lien for the principal sum of $1,000 to attach to the proceeds of the sale. These debts were secured by a mortgage on 68 acres of land near Sharpsburg, which was ordered sold as a whole.

The master commissioner filed his report of sale containing the following:

“And after duly advertising said property as…