Wilson v. Aultman & Taylor Co.
Court of Appeals of Kentucky
Case 56 — PETITION EQUITY — APPEAL PROM MONTGOMERY COURT OP COMMON PLEAS. 1. An order appointing a receiver may bo superseded when coupled with an order directing a sale of the property to he taken possession of by him. Section 298 of the Givil Gode does not authorize a sale of. the property. 2. Section 299 of the Civil Gode does not authorize the appointment of a-receiver by the judge in vacation.
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Case 56 — PETITION EQUITY — APPEAL PROM MONTGOMERY COURT OP COMMON PLEAS. 1. An order appointing a receiver may bo superseded when coupled with an order directing a sale of the property to he taken possession of by him. Section 298 of the Givil Gode does not authorize a sale of. the property. 2. Section 299 of the Civil Gode does not authorize the appointment of a-receiver by the judge in vacation. Any action under this section must he taken by the court in session at a regular term. Section 299 of the Civil Code authorizes the judgment rendered in this action.
1Opinion of the Court
JUDGE BENNETT
delivered the opinion on the court.
The appellee instituted its action iu the Montgomery Circuit Court against, the appellants to foreclose a mortgage, executed by the appellants to the appellee on a grain thresher, &c., and to obtain personal judgment on the notes executed for said thresher.
The appellee also asked the judge of the court, in vacation, in Richmond, Ky., for an immediate sale of the property, and the appointment of a receiver to execute the same, upon the grounds that the conditions of the mortgage bad not been performed; that the property was insufficient to pay…
2Cases cited2 opinions
- Kentucky Trust Co. v. LewisCourt of Appeals of Kentucky · 1885
- Hahn v. PindellCourt of Appeals of Kentucky · 1867