Johnson v. Cantrill
Court of Appeals of Kentucky
Case 12 — PETITIONS EQUITY APPEAL PROM CALDWELL CIRCUIT COURT. 1. The report of the Master Commissioner in the original suit that he had collected the purchase money and paid it out must, in the absence of anything to contradict it, be taken as true. Every officer, acting under the sanction of an oath, must be presumed to have done his duty until the contrary is proved.
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Case 12 — PETITIONS EQUITY APPEAL PROM CALDWELL CIRCUIT COURT. 1. The report of the Master Commissioner in the original suit that he had collected the purchase money and paid it out must, in the absence of anything to contradict it, be taken as true. Every officer, acting under the sanction of an oath, must be presumed to have done his duty until the contrary is proved. (Hickman v. Boffman, Hardin, 362.) 2. As the report of the Master Commissioner that the purchase money had been paid was confirmed by the court and that judgment has never been set aside or reversed that matter is res…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the codrt.
These are suits for dower and were heard together. The husband of the appellant was the statutory guardian of six children, and soon after his appointment he filed a-*61.petition under the statute for the sale of their real estate, and when offered for sale became the purchaser. There was a conveyance made by the Commissioner retaining a lien for the purchase money under an order of court and, subsequently, his obligation for the purchase money was canceled. He proceeded in his several settlements to charge himself with the money received from the…
2Cited by2 opinions
- Morgan v. WickliffeCourt of Appeals of Kentucky · 1903
- Morgan v. WickliffeCourt of Appeals of Kentucky · 1903