Gooch v. Benge
Court of Appeals of Kentucky
Case 65 — PETITION EQUITY APPEAL PROM MADISON COURT OP COMMON PLEAS. No brief in record. 1. Certainly in the description of land ordered to be sold is indispensable to the validity of the sale. A levy must describe the land levied on with sufficient certainty to enable it to be identified without other evidence. (Borer on Judicial Sales, sec. 577; Shields v. Butts, 5 J. J..
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Case 65 — PETITION EQUITY APPEAL PROM MADISON COURT OP COMMON PLEAS. No brief in record. 1. Certainly in the description of land ordered to be sold is indispensable to the validity of the sale. A levy must describe the land levied on with sufficient certainty to enable it to be identified without other evidence. (Borer on Judicial Sales, sec. 577; Shields v. Butts, 5 J. J.. M„ 13; 3 Humph., 629; 3 Yerg., 388; 1 Har. & J., 449; 2 McLean, 59; Evans v. Ashley, 8 Mo., 177; Beetor Hortt, lb., 448.) In sales under equity decrees the decree must accurately describe the land the commissioner is…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
Appellant, claiming title under a conveyance to him from the Auditor of Public Accounts, brought this action to recover of appellee a tract of land described in the deed as follows: “Thirty acres of land located in Yates’ precinct,. Madison county, Kentucky, adjoining the lands of William Witt, and listed for the year 1881 in the name of Rice Benge, being the same property sold for taxes under an act of the General Assembly, entitled ‘An act to amend the revenue _laws,’ approved May 6, 1880, and purchased by the party of the second part, as…
2Cases cited3 opinions
- Ross v. AdamsCourt of Appeals of Kentucky · 1877
- Allen v. RobinsonCourt of Appeals of Kentucky · 1814
- Lawless v. BargerCourt of Appeals of Kentucky · 1873
3Cited by3 opinions
- Eastern Ky. Coal Lands Corp. v. CommonwealthCourt of Appeals of Kentucky · 1907
- Gouaux v. BeaullieuSupreme Court of Louisiana · 1909
- Moseley v. HamiltonCourt of Appeals of Kentucky · 1910