Graves v. Long
Court of Appeals of Kentucky
Case 68 — PETITION EQUITY APPEAL PROM SHELBY CIRCUIT COURT. • Before land can be sold at the suit of an assignee in trust for the payment of debts there must be an appraisement, and the right of redemption exists as in sales under execution. (Gen. Stats., 835; Bose v. Taylor, 8 Ky. Law Bep., 182; Cantrill v. Perry’s Adm’r, 7 Ky. Law Bep., 446.) 2. No decree for sale should have been made until all the debts had matured and all lien-liolders were before the court.
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Case 68 — PETITION EQUITY APPEAL PROM SHELBY CIRCUIT COURT. • Before land can be sold at the suit of an assignee in trust for the payment of debts there must be an appraisement, and the right of redemption exists as in sales under execution. (Gen. Stats., 835; Bose v. Taylor, 8 Ky. Law Bep., 182; Cantrill v. Perry’s Adm’r, 7 Ky. Law Bep., 446.) 2. No decree for sale should have been made until all the debts had matured and all lien-liolders were before the court. (Civil Code, 694; Faught v. Henry, 13 Bush, 471; Leopold v. Fisher, 8 Ky. Law' Bep.) 3. A writ of possession should not have been…
1Opinion of the Court
JUDGE HOLT
delivered tee opinion of the court.
August 15, 1885, Thomas B. Graves and J. B. Wells *443made an assignment of their property to a trustee for the payment of their debts. Among the assets was a valuable farm. Graves had previously conveyed his undivided half of it to his wife; but in October, 1885, she conveyed all her interest in it to the assignee of Graves and Wells for the purposes named in their deed of trust. In February, 1886, this action was instituted by the assignee for the purpose of obtaining a sale of the land to pay the indebtedness. Graves and Wells were, together with…
2Cases cited2 opinions
- Wooldridge v. Jacob's guardianCourt of Appeals of Kentucky · 1881
- Cantrill v. Perry's Admr.Court of Appeals of Kentucky · 1885
3Cited by11 opinions
- Hancock v. YoureeSupreme Court of Oklahoma · 1910
- Angel v. ByarsCourt of Appeals of Kentucky · 1913
- Blanton v. Kentucky Distilleries & Warehouse Co.U.S. Circuit Court for the District of Kentucky · 1902
- Given v. OwenSupreme Court of Oklahoma · 1918
- Koontz v. ButlerCourt of Appeals of Kentucky (pre-1976) · 1931
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