Legal Opinion

Oldham v. McElroy

Court of Appeals of Kentucky

Decided June 18, 1909PublishedCited by 9 opinions

CASE 57 — SUIT BY MARION H. OLDHAM AND OTHERS AGAINST JOHN McELROY AS SHERIFF OF FAYETTE COUNTY AND ANOTHER — Appeal from Fayette Circuit Court. Judgment for defendants, plaintiffs appeal. —

1Opinion of the Court

Opinion of the court by

Judge O ’Rear

— Affirming.

Appellant, Marion H. Oldham, was the purchaser of a lot and warehouse in Lexington at decretal sale of the Fayette Circuit Court in the action of Stivers v. Herndon’s Adm’r and Others. The sale was confirmed without exception, and she was placed in possession of the lot. An order was entere'd directing the collection of the purchase bonds. This suit was brought to enjoin the collection of the bonds. The sheriff, in whose hands was an execution on the bonds, and the master commissioner, to whom the bonds were made payable under the decree of the…

2Cases cited5 opinions

  1. Elliott v. FowlerCourt of Appeals of Kentucky · 1901
  2. Thomas v. MahoneCourt of Appeals of Kentucky · 1872
  3. Atcheson v. SmithCourt of Appeals of Kentucky · 1843
  4. Commonwealth v. CatlinCourt of Appeals of Kentucky · 1908
  5. Harris v. AdamsCourt of Appeals of Kentucky · 1865

3Cited by9 opinions

  1. Macomber v. KinneySupreme Court of Minnesota · 1910
  2. Grooms v. GroomsCourt of Appeals of Kentucky (pre-1976) · 1928
  3. Huber v. JohnsonCourt of Appeals of Kentucky · 1917
  4. Kaze v. Wheat's GuardianCourt of Appeals of Kentucky (pre-1976) · 1928
  5. Bethel College v. GladdishCourt of Appeals of Kentucky · 1924

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