McKee v. Stein's Guardian
Court of Appeals of Kentucky
Case 43 — PETITION EQUITY — APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. 1. There having been no appraisement, the court should have set aside the sale. The statute of April 9, 1878, is not merely directory, but “mandatory and prohibitory,” and forbids the sale of any real estate other than in the manner provided. (Wooldridge v. Jacob, 79 Ky., 250; 8 Ky.
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Case 43 — PETITION EQUITY — APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. 1. There having been no appraisement, the court should have set aside the sale. The statute of April 9, 1878, is not merely directory, but “mandatory and prohibitory,” and forbids the sale of any real estate other than in the manner provided. (Wooldridge v. Jacob, 79 Ky., 250; 8 Ky. Law Kep., 185; Graves & Wells v. Long, Assignee, 87 Ky., 441; Vanmeter v. Vanmeter’s Assignee, 88 Ky., 448; People v. Schermerhorn, 19 Barb., 558; Barnard v. Vick, 21 Wend., 89; Clark v. Crane, 5 Mich., 154; Torrey v.. Milbury, 21 Pick., 67;…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OP THE COURT.
At a sale of appellant’s land made September, 1885, under judgment of court, be became tbe purchaser, and with bis surety executed for tbe amount bid three bonds, payable, respectively, in six, twelve and eighteen months; but failing to pay the last one due of them, an attachment was issued against him and his surety, which was, however, upon their motion, respited by the *242court until a day named, upon terms that appellant surrender the property so sold and purchased by him to be again sold for cash by the marshal of court upon ten days’ notice,…
2Cited by9 opinions
- Myers v. SaltryCourt of Appeals of Kentucky · 1915
- Blanton v. Kentucky Distilleries & Warehouse Co.U.S. Circuit Court for the District of Kentucky · 1902
- Sebree v. HendersonCourt of Appeals of Kentucky · 1924
- Clevinger v. NunneryCourt of Appeals of Kentucky · 1910
- Pacific Mutual Life Insurance v. TaylorCourt of Appeals of Kentucky · 1915
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