First Owensboro Bank & Trust Co. v. Wells

Opinion of the Court by

Judge Tilford

— Reversing.

The appellee, B. Coburn Wells, became the purchaser of real estate sold at a judicial sale in mortgage foreclosure proceedings instituted by appellant, but was relieved of his obligation by a judgment sustaining his exceptions based on the existence of encumbrances against the property which constituted a cloud upon the title. This court reversed the judgment sustaining the exceptions because he had failed to introduce evidence to sustain his allegation that the property was encumbered. First Owensboro Bank & Trust Co. v. Wells et al., 278 Ky.…