Bird v. Smith
Court of Appeals of Kentucky
Case 33 — PETITION EQUITY 1. The appellant bid on and agreed to pay for the fee simple title to the land, and having discovered before the confirmation of the sale the defect in the title, filed exceptions and asked to have the sale set aside. Under such circumstances the sale should have been set aside or the parties brought before the court and the title litigated.
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Case 33 — PETITION EQUITY 1. The appellant bid on and agreed to pay for the fee simple title to the land, and having discovered before the confirmation of the sale the defect in the title, filed exceptions and asked to have the sale set aside. Under such circumstances the sale should have been set aside or the parties brought before the court and the title litigated. Farmers’ Bank v. Peter, 13 Bush, 594. 1. Appellant filed nothing to verify or support his exceptions; they simply contain his bare statement that Lewis Adkins did. not at the time of the judgment of sale, and does not now own a…
1Opinion of the CourtChief Justice Lewis
This is an appeal by a purchaser of land at a judicial sale from judgment overruling his exceptions, and confirming the report of the commissioner, which necessarily bound him to pay the purchase price, and accept conveyance of title. Appellee, a creditor of Lewis Adkins, brought the action in which was rendered the judgment to subject the land in question to satisfaction of his debt; and, so far as shown by the pleadings, proceedings and proof in the case; Lewis Adkins had a fee simple title to the land; but filed with, exceptions to the sale was a properly authenticated deed showing the…
2Cited by3 opinions
- Summers v. Mutual Life Insurance Co. of New YorkWyoming Supreme Court · 1904
- Southern Gas & Gasoline Engine Co. v. PevetoCourt of Appeals of Texas · 1912
- Kummer v. KummerNebraska Supreme Court · 1924