Phelps v. Jones
Court of Appeals of Kentucky
Case 44 — PETITION EQUITY — APPEAL PROM BUTLER CIRCUIT COURT. 1. Until a special commissioner takes oath and gives bond he has no more authority to make sale than any private person not named in the judgment.
Read the full summary
Case 44 — PETITION EQUITY — APPEAL PROM BUTLER CIRCUIT COURT. 1. Until a special commissioner takes oath and gives bond he has no more authority to make sale than any private person not named in the judgment. (Gen. Stats., chap. 75, art. 2, secs. 10-12; Constitution, of Kentucky, art. 8, sec. 1.) 2. Even if the special commissioner has power to make the sale before he qualifies as required by the statute, he certainly has no power to administer an oath to the appraisers until he himself has been sworn. 3. It was the duty of the commissioner‘to announce that a party could hid the debt against…
1Opinion of the CourtChief Justice Holt
About the year 1883 a piece of town property, and also two other lots of laud, containing four and fifteen acres respectively, belonging to the appellant J. N. Phelps, were sold under execution, and bid in by the appellee, J, A, Jones, at much less than their *246appraised value. The sale of the town property was made subject to a mortgage to one Smith, of which the appellee subsequently became the owner. Phelps remained in possession of the property, and in 1887 the appellee, having obtained a sheriff’s deed for the fifteen-acre tract, instituted a proceeding by notice under section 9, article…
2Cases cited3 opinions
- Bunnell v. ThompsonCourt of Appeals of Kentucky · 1876
- McGhee v. SutherlandCourt of Appeals of Kentucky · 1886
- Sharpe v. RoeCourt of Appeals of Kentucky · 1877
3Cited by5 opinions
- Crockett v. CassselsSupreme Court of Florida · 1928
- Sandrowski v. SandrowskiMissouri Court of Appeals · 1936
- Crockett v. CasselsSupreme Court of Florida · 1928
- Vaughn v. PedleyCourt of Appeals of Kentucky · 1910
- Meddis & Southwick v. FenleyCourt of Appeals of Kentucky · 1895