Gentry v. Walker
Court of Appeals of Kentucky
Case 72 — PETITION EQUITY APPEAL PROM MADISON CIRCUIT COURT. 1. The sale should be set aside because the laud sold for less than it was worth. 2. It was error to order a sale of the land when one of the lien notes was not due. 1. This case is not before this court as required by law, either on the judgment of sale or judgment confirming the sale. The first is barred by lapse of time, and no appeal has been asked for or granted as to either judgment here or below.
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Case 72 — PETITION EQUITY APPEAL PROM MADISON CIRCUIT COURT. 1. The sale should be set aside because the laud sold for less than it was worth. 2. It was error to order a sale of the land when one of the lien notes was not due. 1. This case is not before this court as required by law, either on the judgment of sale or judgment confirming the sale. The first is barred by lapse of time, and no appeal has been asked for or granted as to either judgment here or below. An appeal granted by the judge in the bill of exceptions will not suffice. 2. If the judgment of sale was premature and contrary to…
1Opinion of the Court
JUDGE LEWIS
delivered the opinion of the court.
February 24, 1887, appellant Gentry purchased of *406appellee Walker a tract of land, for which was paid in cash two thousand one hundred dollars, and two notes executed for one thousand one hundred dollars, due January 1, 1889, and one thousand dollars, due January 1, 1890.
March 8, 1889, this action was 'brought for judgment on the note then due and sale of the land to satisfy it. Answer was filed, in which a counter-claim and set-off for about ninety-eight dollars was pleaded. But, without passing on the merits of defendant’s counterclaim, a…
2Cases cited2 opinions
- Faught v. HenryCourt of Appeals of Kentucky · 1877
- Leopold v. FurberCourt of Appeals of Kentucky · 1886
3Cited by7 opinions
- Gray v. GrimmCourt of Appeals of Kentucky · 1914
- Fisher v. EvansCourt of Appeals of Kentucky · 1917
- Salyer v. Union BankCourt of Appeals of Kentucky · 1912
- Gibbs v. Ballard County Bank's AssigneeCourt of Appeals of Kentucky · 1914
- Roemer v. MottleyCourt of Appeals of Kentucky · 1915
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