Head v. Clark
Court of Appeals of Kentucky
Case 56 — PETITION EQUITY — APPEAL PROM HENDERSON CIRCUIT COURT. 1. The commissioner had no more authority than an ordinary auctioneer as to the acceptance or rejection of a bid. ( Grotenkemper v. Achtermeyer & Co., 11 Bush, 226.) 2. The commissioner had no right to resell after he had knocked down the property to Head, and therefore the court had no right to confirm the sale.
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Case 56 — PETITION EQUITY — APPEAL PROM HENDERSON CIRCUIT COURT. 1. The commissioner had no more authority than an ordinary auctioneer as to the acceptance or rejection of a bid. ( Grotenkemper v. Achtermeyer & Co., 11 Bush, 226.) 2. The commissioner had no right to resell after he had knocked down the property to Head, and therefore the court had no right to confirm the sale. (Parsons on Contracts, vol. 1, p. 479; Herman oh Exemitions, p. 327; Blossom v. Railroad Co., 3 Wall, 206; Reamer v. Judah, 13 Bush, 208.) Even the court has no arbitrary power in the matter of confirming or rejecting…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
This is a contest between two bidders at a decretal sale of land, each claiming to have been the purchaser. The bidding at the outset was spirited, several engaging in it, but it finally narrowed to these two contestants. The appellee, J. W. Clark, bid by signs, made by holding up his hand, and which the commissioner making the sale understood and recognized. The appellant, "W. Gr. Head, was outspoken in making his bids. There was quite a crowd present, and some confusion existed. A bid of $5,325 was offered, the commissioner and some of the…
2Cases cited1 opinion
- Grotenkemper v. Achtermeyer & Co.Court of Appeals of Kentucky · 1875
3Cited by3 opinions
- Hurst v. WhiteCourt of Appeals of Kentucky (pre-1976) · 1943
- Bethurum v. BakerCourt of Appeals of Kentucky · 1915
- Appleman v. Lynch National BankCourt of Appeals of Kentucky (pre-1976) · 1927