Napper v. Mutual Life Insurance
Court of Appeals of Kentucky
Case 25 — ¡RULE TO' ENFORCE PURCHASE OF LAND APPEAL FROM BULLITT CIRCUIT COURT. 1. The proper and necessary parties were not before the court nor made parties to the proceeding to sell the land, and are not in any way parties to this suit nor the proceedings in this; that the parties owning an interest in said land were not made parties to the proceeding by which said land was sold nor those holding liens on said land. 2. The deed of J. M. Harned did not pass good title to…
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Case 25 — ¡RULE TO' ENFORCE PURCHASE OF LAND APPEAL FROM BULLITT CIRCUIT COURT. 1. The proper and necessary parties were not before the court nor made parties to the proceeding to sell the land, and are not in any way parties to this suit nor the proceedings in this; that the parties owning an interest in said land were not made parties to the proceeding by which said land was sold nor those holding liens on said land. 2. The deed of J. M. Harned did not pass good title to the land when he mortgaged same to plaintiff, because the wife o'f J. H. Harned had not joined in the deed of partition.…
1Opinion of the Court
JUDGE PAYNTER
delivered ti-ie opinion of the court.
Certain tracts of land belonging to J. M. Harned were sold under a judgment of the Bullitt Circuit Court to satisfy a judgment in favor of the appellee, Mutual Life Insurance Company of Kentucky. The appellant, Napper, became the purchaser, at the price of something over $6,-000, but refused to execute bond for the purchase money, as required by the judgment. The commissioner reported to the court'the facts with reference to the sale of the property to the appellant, and the further fact that he had refused to execute bond for the purchase…
2Cases cited5 opinions
- Potter v. WheelerMassachusetts Supreme Judicial Court · 1816
- Vanmeter v. SpurrierCourt of Appeals of Kentucky · 1893
- Davis v. LoganCourt of Appeals of Kentucky · 1839
- Lloyd v. WagnerCourt of Appeals of Kentucky · 1893
- Page v. Hughes' HeirsCourt of Appeals of Kentucky · 1848
3Cited by4 opinions
- Cole v. ColeIllinois Supreme Court · 1920
- Gugenheim v. WatkinsCourt of Appeals of Kentucky · 1916
- Sickmeier v. Merchants & Mechanics Loan & Building Ass'nCourt of Appeals of Kentucky (pre-1976) · 1942
- Hoefflin v. Kentucky Title Savings Bank & Trust Co.Court of Appeals of Kentucky · 1913