Bartlett's Admr. v. Gray's Admr.
Court of Appeals of Kentucky
APPEAL FROM GREENUP CIRCUIT COURT. [Cited, Thompson v. Brownlie, 26 Ky. L. 622, 76 S. W. 172; Nulback’s Exr. v. Read, 25 K)l L. 1130, 77 S. W. 204.]
1Opinion of the Court
Opinion by
Judge Hargis:
The execution which was levied on the undivided interest of Scott’s heirs in the Scott and Mosby patent of 9,759 acres was issued against John L. Gray as well as Lewis Postlewait and others, and Mrs. Gray, the wife of John L. Gray, and his executrix, bought the undivided interest aforesaid at the sale under that execution.
The important question therefore is, Did she buy the undivided interest of Scott’s heirs as executrix or in her individual capacity? As she took the sheriff’s deed to herself, and not as executrix, the presumption is that she claimed her purchase for…
2Cases cited1 opinion
- Thompson v. BrownlieCourt of Appeals of Kentucky · 1903
3Cited by1 opinion
- Thompson v. BrownlieCourt of Appeals of Kentucky · 1903