Noel v. Fitzpatrick
Court of Appeals of Kentucky
CASE 100 — ACTION OB' EVA FITZPATRICK BY J. K. P. SOUTH AGAINST S. M. NOEL TO CANCEL A COMMISSIONERS’ DEED ISSUED TO THOMAS Y. FITZPATRICK. Appeal from Franklin Circuit Court. Robert L. Stout, Circuit Judge. From the decree defendant appeals. POINTS AND AUTHORITIES. 1. Mrs. Fitzpatrick was never the real purchaser, but the announcement by her husband of Mrs. Fitzpatrick as the- bidder under the facts shown in the record constituted her in law the agent of her husband.
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CASE 100 — ACTION OB' EVA FITZPATRICK BY J. K. P. SOUTH AGAINST S. M. NOEL TO CANCEL A COMMISSIONERS’ DEED ISSUED TO THOMAS Y. FITZPATRICK. Appeal from Franklin Circuit Court. Robert L. Stout, Circuit Judge. From the decree defendant appeals. POINTS AND AUTHORITIES. 1. Mrs. Fitzpatrick was never the real purchaser, but the announcement by her husband of Mrs. Fitzpatrick as the- bidder under the facts shown in the record constituted her in law the agent of her husband. (Lyle v. Lyle’s Adm’r, 4 Ky. Law Rep., 990; Brown v. Bristo, 7’Ky. Law Rep., 599.) 2. An order for a deed and the execution of…
1Opinion of the Court
Opinion op the Court by
Judge Lassing—
Reversing.
In 1897, M. E. Trimble, trustee for Narcissa Fitzpatrick, brought suit against J. H. Bowen and others to foreclose a mortgage for the purpose of collecting $2,387.35, with interest from December 15, 1883. There was at the same time a prior lien upon the property sought to be sold adjudged to John A. Lewis for $2,250, with interest from November 15, 1894, and other inferior liens adjudged to M. E. Trimble, trustee. In due course of time a judgment was rendered directing the property to be sold by the master commissioner. At the commissioner’s sale…
2Cases cited1 opinion
- Brown v. BristowCourt of Appeals of Kentucky · 1886
3Cited by8 opinions
- Dishon's Administrator v. T. E. Dishon's AdministratorCourt of Appeals of Kentucky · 1920
- Coleman v. ColemanCourt of Appeals of Kentucky · 1911
- Johnson v. BakerCourt of Appeals of Kentucky (pre-1976) · 1932
- Walker v. WalkerCourt of Appeals of Kentucky (pre-1976) · 1926
- McWethy's Admx. v. McCrightCourt of Appeals of Kentucky · 1911
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