Chappell v. Chappell
Court of Appeals of Kentucky
CASE 89. — ACTION BY SALLIE CHAPPELL AND OTHERS AGAINST HENRY- CHAPPELL AND OTHERS TO SET ASIDE THE SALE OF CERTAIN SHARES OP STOCK. Appeal from Leslie Circuit Court. H. C. Faulkner, Circuit Judge. Judgment' for defendants. Plaintiffs appeal.
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CASE 89. — ACTION BY SALLIE CHAPPELL AND OTHERS AGAINST HENRY- CHAPPELL AND OTHERS TO SET ASIDE THE SALE OF CERTAIN SHARES OP STOCK. Appeal from Leslie Circuit Court. H. C. Faulkner, Circuit Judge. Judgment' for defendants. Plaintiffs appeal. POINTS AND AUTHORITIES'. 1. “Sales by administrator or executor are void, if made without order of court, or in any manner not authorized by law; and property so sold, may be recovered by the distributees or legatees from the parties holding it.” (Ware v. Houghton, 93 Am. Dec., 258.) 2. “Sales by administrators must be made in a manner provided by law;…
1Opinion of the Court
Opinion op the Court by
Judge Hobson—
Affirming.
John C. Chappell owned at his death in February, 1892, 6,100 shares of stock, of the par value of $10 each, in the Asher Lumber Company. Henry Chappell, his brother, qualified as his administrator. The personal estate failed to pay the debts, and his administrator borrowed $2,000 for this purpose of Gr. M. Asher, pledging to Asher the stock referred to to secure the money. In the year 1896 Asher brought a suit on the note and sought the enforcement of the lien. The administrator then, on September 28, 1896, sold the stock at public outcry, after…
2Cases cited4 opinions
- Spalding v. Paine's adm'rCourt of Appeals of Kentucky · 1883
- Price v. Price's HeirsCourt of Appeals of Kentucky · 1838
- Trimble's Ex'r v. LebusCourt of Appeals of Kentucky · 1893
- Copeland v. CopelandCourt of Appeals of Kentucky · 1870
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- Walters v. Chicago, Milwaukee & Puget Sound Ry. Co.Montana Supreme Court · 1913
- Conway v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1909
- Monforton v. Northern Pacific Railway CompanyMontana Supreme Court · 1960
- Monforton v. Northern Pacific Railway CompanyMontana Supreme Court · 1960