Humphrey's Ex'r v. Wade
Court of Appeals of Kentucky
Case 55 — PETITION EQUITY APPEAL PROM KENTON CHANCERY COURT. 1. The doctrine of caveat emptor applies to judicial sales; and after the sale has been confirmed, no relief will be granted because of a defect in the title.
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Case 55 — PETITION EQUITY APPEAL PROM KENTON CHANCERY COURT. 1. The doctrine of caveat emptor applies to judicial sales; and after the sale has been confirmed, no relief will be granted because of a defect in the title. (Harrison v. Hord, 12 B. M., 472; Dawson, &c., v. Litsey, 10 Bush. 410; Yocum v. Foreman, 14 Bush, 499 ; Farmers’ Bank v. Peter, 13 Bush, 594.) 2. The court had no power to render a final judgment, as the cause was only submitted to ascertain whether additional pleadings were necessary. (Simrall v. Grant, 3 Ky. Law Rep., 208.) 3. A return upon an execution signed by a deputy…
1Opinion of the CourtChief Justice Pryor
Jolm Humphrey, in October, 1871, bad an execution issued on a replevin bond in bis name against one William E. Wade and bis surety. Tbe execution came to tbe bands of tbe sheriff of Kenton county in a few days after it issued, as appears by tbe indorsement of the sheriff, in person, in tbe following words: “Came to band October 24, 1871, at 9 o’clock, a. m.
“ J. J. Maciclin, S. K. C.”
In November, 1871, while tbe execution was in full force, it was levied by tbe deputy of tbe sheriff “on tbe interest of Wm. E. Wade in a certain lot of ground situated on tbe east side of Scott street, between…
2Cases cited5 opinions
- Yocum v. ForemanCourt of Appeals of Kentucky · 1879
- Dawson v. LitseyCourt of Appeals of Kentucky · 1874
- Farmers Bank v. PeterCourt of Appeals of Kentucky · 1878
- Lofland v. EwingCourt of Appeals of Kentucky · 1824
- Norman v. NormanCourt of Appeals of Kentucky · 1869
3Cited by10 opinions
- Merritt v. CravensCourt of Appeals of Kentucky · 1916
- Beale v. StroudCourt of Appeals of Kentucky · 1921
- Bowles' Guardian v. JohnsonCourt of Appeals of Kentucky (pre-1976) · 1927
- Conner v. ParsleyCourt of Appeals of Kentucky · 1921
- Townsend v. TiptonCourt of Appeals of Kentucky (pre-1976) · 1942
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