Randall v. Randall

Court of Appeals of Kentucky

Randall v. Randall

8 Ky. Op. 178, 1874 Ky. LEXIS 417

DecidedOctober 24, 1874

StatusPublished

This text of 8 Ky. Op. 178 (Randall v. Randall) 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

Randall v. Randall, 8 Ky. Op. 178, 1874 Ky. LEXIS 417 (Ky. Ct. App. 1874).

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Opinion

Opinion by

Judge Lindsay:

It was error to render a personal judgment against the infant defendants.

The judgment fails to describe the realty adjudged to be sold, except by reference to the description set out in the petition and in the copy of the mortgage on file. This left the commissioner to determline judicially which lots or parts of lots were to be sold. The judgment directed the commissioner to advertise the sale according to law. The law does not prescribe how judicial sales, where mortgages are foreclosed, shall be advertised. It is error in such cases for the chancellor to fail to prescribe the manner in which the sale shall be advertised. It is not necessary to consider the remaining questions presented by the appeal.

Judgment reversed and cause remanded for further proceedings consistent with this opinion.

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Opinion by

Judge Lindsay:

It was error to render a personal judgment against the infant defendants.

The judgment fails to describe the realty adjudged to be sold, except by reference to the description set out in the petition and in the copy of the mortgage on file. This left the commissioner to determline judicially which lots or parts of lots were to be sold. The judgment directed the commissioner to advertise the sale according to law. The law does not prescribe how judicial sales, where mortgages are foreclosed, shall be advertised. It is error in such cases for the chancellor to fail to prescribe the manner in which the sale shall be advertised. It is not necessary to consider the remaining questions presented by the appeal.

Judgment reversed and cause remanded for further proceedings consistent with this opinion.

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Bluebook (online)

8 Ky. Op. 178, 1874 Ky. LEXIS 417, Counsel Stack Legal Research, https://law.counselstack.com/opinion/randall-v-randall-kyctapp-1874.