Brannin, Brand & Glover v. Broadus
Court of Appeals of Kentucky
Case 5 — PETITION EQUITY — When the bid cried by the' sheriff is made by letter, message or otherwise, by a person who does not attend the sale, of a specified amount, thus depriving the sheriff of any discretion in the matter,, the sale is valid. It is only where the sheriff is instructed in such manner as to leave it to his discretion as to the manner of bidding and the amount, that the sale should be set aside.
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Case 5 — PETITION EQUITY — When the bid cried by the' sheriff is made by letter, message or otherwise, by a person who does not attend the sale, of a specified amount, thus depriving the sheriff of any discretion in the matter,, the sale is valid. It is only where the sheriff is instructed in such manner as to leave it to his discretion as to the manner of bidding and the amount, that the sale should be set aside. (Freeman on Executions, sec. 292; Dickerman v. Burgess, 20 111., 267; Scott v. Mann, 36,] Tex, 157; Borer on Judicial Sales, sec. 745; Mullins, &c., v. Buskirk, &c., MS. Op., Jan.…
1Opinion of the Court
JUDGE HAZELBIGG
deliyered the opinion of the court:
The sheriff of Montgomery county, on August 13, 1885, levied an execution in favor of Brannin, Brand & Grlover against John R. Broadus on the undivided interest - in remainder of the defendant in a tract of some one, hundred and fifty-two acres of land, and after due advertisement sold the same, on September 21, 1885, to the plaintiffs in the execution. The life estate was owned by Mrs. C. A. Broadus, and the interest of defendant, who was her son, was the one undivided one-fifth therein. The plaintiffs in the execution, who are the appellants…
2Cases cited1 opinion
- Stapp v. TolerCourt of Appeals of Kentucky · 1814
3Cited by3 opinions
- Victor Investment Co. v. RoerigColorado Court of Appeals · 1912
- Mullins v. BuskirkCourt of Appeals of Kentucky · 1884
- Victor Investment Co. v. RoerigColorado Court of Appeals · 1912