Cook v. Sanders

Court of Appeals of Kentucky

Cook v. Sanders

4 Ky. Op. 350, 1870 Ky. LEXIS 364

DecidedDecember 19, 1870

StatusPublished

This text of 4 Ky. Op. 350 (Cook v. Sanders) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cook v. Sanders, 4 Ky. Op. 350, 1870 Ky. LEXIS 364 (Ky. Ct. App. 1870).

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Opinion

Opinion of the Court by

Judge Hardin :

Tbe sale of the land, as reported by tbe commissioner, was substantially conformable with tbe law governing tbe duties of that officer; and though there is some contrariety of evidence as to tbe vendible value of tbe land, it does not appear that tbe price for which tbe land sold was grossly inadequate. Nor is there any evidence of unfairness or fraud in making tbe sale or in tbe purchase of tbe appellee.

It appears that at tbe instance of Benfro, tbe sale was suspended to give bim an opportunity of making arrangements to advance tbe price which was bid by tbe appellee for tbe land, but be declined to bid himself or procure any one to do so, and allowed tbe appellee to become the purchaser at tbe bid which they bad made. Hpon tbe whole case, we think tbe motion to set aside tbe sale was properly overruled.

Wherefore, tbe judgment is affirmed.

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Opinion of the Court by

Judge Hardin :

Tbe sale of the land, as reported by tbe commissioner, was substantially conformable with tbe law governing tbe duties of that officer; and though there is some contrariety of evidence as to tbe vendible value of tbe land, it does not appear that tbe price for which tbe land sold was grossly inadequate. Nor is there any evidence of unfairness or fraud in making tbe sale or in tbe purchase of tbe appellee.

It appears that at tbe instance of Benfro, tbe sale was suspended to give bim an opportunity of making arrangements to advance tbe price which was bid by tbe appellee for tbe land, but be declined to bid himself or procure any one to do so, and allowed tbe appellee to become the purchaser at tbe bid which they bad made. Hpon tbe whole case, we think tbe motion to set aside tbe sale was properly overruled.

Wherefore, tbe judgment is affirmed.

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Bluebook (online)

4 Ky. Op. 350, 1870 Ky. LEXIS 364, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cook-v-sanders-kyctapp-1870.