Kentucky Joint Land Bank Lexington v. Fitzpatrick

Opinion of the Court by

Stanley, Commissioner

Reversing.

The appeal is from an order setting aside a judicial sale. In the suit of the appellant, Kentucky Joint Land Bank of Lexington, to foreclose its mortgage debt, 558 acres of land of the appellee Thomas W. Fitzpatrick was sold on October 20,1930, to J. H. Williams for $25,256.28, for which sum he duly executed bonds with sureties. The liens on the property aggregated $39,119.87, of which the appellant’s debt was $22,779.09 and interest from February 1, 1930.

The owner, appellee Fitzpatrick, based his exceptions to the sale upon three grounds,…