Martin v. Martin
Court of Appeals of Kentucky
APPEAL FROM ANDERSON CIRCUIT. The facts are stated in the opinion of the Court. The facts in the case show that Walker, as commissioner of the Anderson Circuit Court, appointed at the June term, 1845, sold 39 acres of land belonging to the appellant, Josiah Martin, to satisfy a decree in bebalf of Lancaster and Lillard, obtained upon a mortgage.
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APPEAL FROM ANDERSON CIRCUIT. The facts are stated in the opinion of the Court. The facts in the case show that Walker, as commissioner of the Anderson Circuit Court, appointed at the June term, 1845, sold 39 acres of land belonging to the appellant, Josiah Martin, to satisfy a decree in bebalf of Lancaster and Lillard, obtained upon a mortgage. John Draffin bought the land for Josiah Martin, the debtor, as he did not wish to see it sacrificed, and shortly afterwards saw Martin and so informed him in October, 1845. John Draffin transferred the benefit of his purchase to the appellee, E.…
1Opinion of the Court
Judge Crenshaw
delivered the opinion of the Court.
The plaintiff, Josiah Martin, in his petition, alleges substantially, that his land had been'sold by virtue of a decree of Court, and that John Draffin had become the purchaser, at a sale made under the decree, for the sum of $87 80; that the purchase had been made at a sum greatly below the value of the land; and that his brother, Edward, having heard of the sale, applied to him, the plaintiff, “to let him have the money, and stated that he would pay it to Draffin and get his transfer, and would take the land and hold it, and tend it for the…
2Cited by4 opinions
- Parker v. CatronCourt of Appeals of Kentucky · 1905
- Griffin v. SchlenkCourt of Appeals of Kentucky · 1907
- Turner v. TurnerSupreme Court of Oklahoma · 1912
- Chappell v. HensleyCourt of Appeals of Kentucky (pre-1976) · 1927