Sears v. Henry
Court of Appeals of Kentucky
Case 39 — PETITION EQUITY APPEAL PROM NICHOLAS CIRCUIT COURT. First. It was error to adjudge a sale of so much of the land as might be necessary to pay a part of the debt sued on before settling the issue as to the remainder or contested part of the debt, and especially so when it appeared in the pleadings that there was a payment not then due. Second.
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Case 39 — PETITION EQUITY APPEAL PROM NICHOLAS CIRCUIT COURT. First. It was error to adjudge a sale of so much of the land as might be necessary to pay a part of the debt sued on before settling the issue as to the remainder or contested part of the debt, and especially so when it appeared in the pleadings that there was a payment not then due. Second. It was error to adjudge the sale because there was no pleading, commissioner’s report, affidavit, or agreement, of parties from which the court could be satisfied whether or not the land could be divided without materially injuring its value.…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion oe the court.
The appellee filed his petition for the purpose of enforcing a lien held by him as vendor on some real estate sold to the appellant. The tract of land, as described in the deed, contains thirty acres.
*415The appellant, as a partial defense to the action, pleaded a counter-claim or set-off amounting to $100; also, in the second paragraph of the answer, attempted to plead facts upon which he based his right to have the deed cancele^.
The court below sustained a demurrer to the second paragraph of the answer, and rendered not only a personal judgment for…
2Cited by10 opinions
- Guest v. FosterCourt of Appeals of Kentucky · 1914
- Clay's Guardian v. RiceCourt of Appeals of Kentucky · 1916
- Moore v. Waltman's Adm'xCourt of Appeals of Kentucky (pre-1976) · 1941
- Barnett v. Bank of CommerceCourt of Appeals of Kentucky (pre-1976) · 1936
- Baird v. PrewittCourt of Appeals of Kentucky · 1914
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