Mauney v. Mitchell

Court of Appeals of Kentucky

Mauney v. Mitchell

324 S.W.2d 397, 1959 Ky. LEXIS 366

DecidedMay 15, 1959

StatusPublished

This text of 324 S.W.2d 397 (Mauney v. Mitchell) 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.

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Mauney v. Mitchell, 324 S.W.2d 397, 1959 Ky. LEXIS 366 (Ky. Ct. App. 1959).

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Opinion

PER CURIAM.

Appellants have moved for an appeal from certain orders entered by the Whitley Circuit Court in a receivership proceed[398]*398ing. The orders declared void an attempted auction sale of the receivership property and denied appellants’ $1870 claim for a real estate commission on such sale.

Clearly the action of the court was proper, since the receiver had no semblance of authority to make this sale or enter into the contract with appellants. See 45 Am. Jur., Receivers, § 175 (page 145) ; 75 C.J.S. Receivers § 222, p. 858.

The motion for appeal is denied, and the orders stand affirmed.

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PER CURIAM.

Appellants have moved for an appeal from certain orders entered by the Whitley Circuit Court in a receivership proceed[398]*398ing. The orders declared void an attempted auction sale of the receivership property and denied appellants’ $1870 claim for a real estate commission on such sale.

Clearly the action of the court was proper, since the receiver had no semblance of authority to make this sale or enter into the contract with appellants. See 45 Am. Jur., Receivers, § 175 (page 145) ; 75 C.J.S. Receivers § 222, p. 858.

The motion for appeal is denied, and the orders stand affirmed.

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Bluebook (online)

324 S.W.2d 397, 1959 Ky. LEXIS 366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mauney-v-mitchell-kyctapp-1959.