Bethel v. Bethel
| Decision Date | 20 October 1869 |
| Citation | 69 Ky. 65 |
| Parties | W. C. Bethel v. D. P. Bethel, & c. |
| Court | Kentucky Court of Appeals |
APPEAL FROM HARDIN CIRCUIT COURT.
BROWN & MURRAY, COFER & MARRIOTT, For Appellant,
Stevens on Pleading, pp. 105, 106.
1 Bouvier's Law Dictionary, p. 680, " Judgment."
| Co. Litt. 169 | 2 Blackstone's Rep. 1159 |
W. B READ, For Appellees.
CITED
| 18 B. Mon. 558. | 3 Metcalfe, 424. |
Ms. Opinion, June, 1867, Tribble v. Chelton.
Robert Kennedy died intestate in the year 1861, leaving an insufficient personal estate to pay his debts, and a tract of land of over five hundred acres.
D. P Bethel administered, but he was afterward set aside, and the estate committed to the hands of James L. Hill, the sheriff, who filed a petition February 3, 1865, against the children and heirs at law, the late administrator and his securities, and the creditors of decedent, averring the insufficiency of the personal assets, asking a settlement and a sale of so much of the land as might be necessary to pay the debts.
The adult children and heirs, and the married woman, Mrs. D. P. Bethel, answered, asking a sale of the entire land instead of a portion and partition. She being privily examined, the court referred the matter to commissioners to take evidence, report, etc., and December 23, 1865, rendered a final judgment ordering said land to be sold: first in two tracts, as designated by the surveyor's plat in the case, and then in gross, and to report the sale most advantageous to the heirs, but not to sell unless the whole tract brought a sum equivalent to eighteen dollars per acre. This sale was to be upon one and two years' time; but should it not sell for that sum, then a sufficiency off a designated side was to be sold to pay the ascertained indebtedness of one thousand two hundred dollars and costs.
Whether any attempt to sell under this judgment was made does not appear; but December 17, 1867, another apparently original judgment was rendered " upon the petition, answers, various reports, exhibits, surveys, evidences," etc., without any supplemental pleadings or other steps, in which said land is directed to be sold on credits of nine, twelve, and eighteen months, and without any restriction as to price.
February 17, 1868, the commissioner offered said land for sale in the manner prescribed in the first judgment, and on the terms prescribed in the last one, and it was struck off to W. C. Bethel at five thousand three hundred and seventy-nine dollars.
June 8 1868, the commissioner made and filed his report of said sale, which was ordered to lie over for exceptions to the 13th day of the month, when it was confirmed, there being no...
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