Leopold v. Furber
Court of Appeals of Kentucky
Case 31 — PETITION EQUITY APPEAL PROM CAMPBELL CIRCUIT COURT. 1. The land being indivisible, the vendor’s right to enforce his lien is postponed until all the purchase money notes are due. (Burton v. McKinney, 6 Bush, 428; Faught v..Henry, 13 Bush, 471; Civil Code, section 694, subsection 3.) 2. It was error to make the commissioner's power to sell depend upon whether or not the judgment was paid by a certain time.
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Case 31 — PETITION EQUITY APPEAL PROM CAMPBELL CIRCUIT COURT. 1. The land being indivisible, the vendor’s right to enforce his lien is postponed until all the purchase money notes are due. (Burton v. McKinney, 6 Bush, 428; Faught v..Henry, 13 Bush, 471; Civil Code, section 694, subsection 3.) 2. It was error to make the commissioner's power to sell depend upon whether or not the judgment was paid by a certain time. The practice of submitting to a ministerial officer the determination in pais of important questions of fact, and then giving him power to act upon such determination, has been…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OP THE COURT.
The plaintiff in this case in his petition asked . for personal judgment on two of the notes then due, and also for the enforcement of the vendor’s lien , and sale of the seven tracts of land for the satisfaction of all the notes given for the purchase money, although three of them had not then matured.
In accordance with the prayer of the petition, the court at its January term, 1884, rendered personal judgment for the aggregate amount of three of the *216notes, the third having then become dne, and gave-the right to an execution thereon.
It was…
2Cases cited1 opinion
- Faught v. HenryCourt of Appeals of Kentucky · 1877
3Cited by12 opinions
- Gray v. GrimmCourt of Appeals of Kentucky · 1914
- Fisher v. EvansCourt of Appeals of Kentucky · 1917
- Gentry v. WalkerCourt of Appeals of Kentucky · 1892
- Kelley v. KelleyCourt of Appeals of Kentucky · 1919
- Bell's Trustee v. City of LexingtonCourt of Appeals of Kentucky · 1907
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