Cowper v. Weaver's Admr.
Court of Appeals of Kentucky
Case 48. — Proceeding by D. B. Weaver Against R. B. Cowper to Recover Damages for Defendant’s Failure to Perform His Bid at a Judicial Sale of Land. APPEAL FROM LIVINGSTON CIRCUIT COURT-J. F. GORDON, CIRCUIT JUDGE. Judgment for Plaintiff, Defendant Appeals.
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Case 48. — Proceeding by D. B. Weaver Against R. B. Cowper to Recover Damages for Defendant’s Failure to Perform His Bid at a Judicial Sale of Land. APPEAL FROM LIVINGSTON CIRCUIT COURT-J. F. GORDON, CIRCUIT JUDGE. Judgment for Plaintiff, Defendant Appeals. The response, by proper allegation, makes the following points: 1. That the decedent, D. B. Weaver, at the time of his1 death was hot the owner of any of the lots sold, and wad without title to any or either of them. 2. That the court had no power to sell same, because no title papers were filed. 3. That the pleadings show that the…
1Opinion of the Court
*404Opinion of tiib court by
JUDGE HOBSON
Reversing.
D. B. Weaver died a resident of Livingston county, and his administrator brought this suit to sell the land 'owned by him for the payment of debts, and for the settlement of his estate. At the April term, 1903, a judgment was entered directing a sale of the real estate. The sale was made on June 1st, and at it appellant, R. B. Cowper, bid in lots 67, 68, 69, 70, and a part of lot 17, for $265. After the sale he seems to have concluded that the title of the intestate to the land was not good, and refused to execute a bond for the price. The…
2Cases cited1 opinion
- Makemson v. BraunCourt of Appeals of Kentucky · 1896
3Cited by6 opinions
- Shapiro v. GoldmanMassachusetts Supreme Judicial Court · 1925
- Blakeley's Admx v. HughesCourt of Appeals of Kentucky · 1910
- Frazer v. Consolidated Novelty Co.Court of Chancery of Delaware · 1929
- Hayes v. ArchSupreme Court of Oklahoma · 1938
- Hoefflin v. Kentucky Title Savings Bank & Trust Co.Court of Appeals of Kentucky · 1913
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