Dawson v. Litsey
Court of Appeals of Kentucky
Case 37—PETITION EQUITY— APPEAL FROM DAVIESS CIRCUIT COURT. CITED Rhorer on Judicial Sales, sections 122, 124, 132. Civil Code, sections 579, 373, 421, 581. Freeman on Judgments, sections 91, 135. Herman on Estoppel, pages 154,155. MS. Op., S. T. 1873, Hill v. Hathaway. 3 Dana, 622, Forman, &c. v. Hunt. 2 Met. 552, Vanbussum v. Maloney. 2 Peters, 157, Thompson v. Tolmie. 8 Bush, 299, Dorsey, &c. v. Kendall, &c. 4 Dana, 440, Bustard v. Gates. 1 Dana, 185, Blakey v. Abert. 1…
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Case 37—PETITION EQUITY— APPEAL FROM DAVIESS CIRCUIT COURT. CITED Rhorer on Judicial Sales, sections 122, 124, 132. Civil Code, sections 579, 373, 421, 581. Freeman on Judgments, sections 91, 135. Herman on Estoppel, pages 154,155. MS. Op., S. T. 1873, Hill v. Hathaway. 3 Dana, 622, Forman, &c. v. Hunt. 2 Met. 552, Vanbussum v. Maloney. 2 Peters, 157, Thompson v. Tolmie. 8 Bush, 299, Dorsey, &c. v. Kendall, &c. 4 Dana, 440, Bustard v. Gates. 1 Dana, 185, Blakey v. Abert. 1 Duvall, 352, Thornton, &c. v. McGrath. 2 Busli, 212, Yowell v. Gaines. 6 Bush, 406, Bush v. Williams. 7 Bush, 664,…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion op the court.
In May, 1851, Meredith McGee obtained a judgment in the Daviess Circuit Court enforcing his lien for the purchase-money due on a tract of land sold by him to John A. Gist in trust for Letitia Gist. The judgment directed the commissioner to sell so much of the land as would satisfy the debt, amounting to $316.36. The commissioner, instead of following the judgment, sold the land for four hundred and thirty-five dollars, Harrison Yewell being the purchaser. The report of sale was made, confirmed by the court, and the purchase-money having been paid,…
2Cases cited4 opinions
- Bustard v. GatesCourt of Appeals of Kentucky · 1836
- Dorsey v. KendallCourt of Appeals of Kentucky · 1871
- Dickins v. BealSupreme Court of the United States · 1836
- Blakey v. AbertCourt of Appeals of Kentucky · 1833
3Cited by20 opinions
- First State Bank v. Thacker's AdministratrixCourt of Appeals of Kentucky (pre-1976) · 1926
- Wise v. WolfCourt of Appeals of Kentucky · 1905
- Caudle v. LuttrellCourt of Appeals of Kentucky · 1919
- Humphrey's Ex'r v. WadeCourt of Appeals of Kentucky · 1886
- Ramey v. Francis, Day & Co.Court of Appeals of Kentucky · 1916
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