Buckler's Adm'x v. Rogers

• Decision Date: 15 November 1899
• Citation: 53 S.W. 529
• Parties: BUCKLER'S ADM'X v. ROGERS et al. [1]
• Court: Kentucky Court of Appeals

53 S.W. 529

BUCKLER'S ADM'X v. ROGERS et al. ^[1]

Court of Appeals of Kentucky.

November 15, 1899

Appeal from circuit court, Kenton county.

"Not to be officially reported."

Action by Robert Buckler's administratrix against S. G. Rogers and others to subject land to the payment of a judgment. From a judgment of dismissal, plaintiff appeals. Affirmed.

Winfield Buckler, for appellant.

Hanson Kennedy and W. H. Holt, for appellee Rogers.

BURNAM J.

Appellant instituted this suit in December, 1895, to settle the estate of R. H. Brewer, and to subject a tract of 160 acres of land in the possession of appellee Rogers (alleged to have belonged to the estate of decedent at his death in 1881) to the payment of a judgment for $1,032.17, recovered in the Robertson circuit court against Brewer's administrator. It is alleged that shortly after the death of Brewer, in 1881, the defendant Rogers unlawfully and forcibly took possession of this land, without right or title, and has for 14 years wrongfully held possession thereof. Appellee Rogers denies that Brewer owned the land at his death, in 1881, or that he was unlawfully in possession thereof, and avers that the deceased, R. H. Brewer, was, in August, 1878, adjudged a bankrupt, upon his own petition, by the district court of the United States for the district of Kentucky; that he at that time owned the tract of land in contest; that it was subject to a lien for purchase money in favor of one Bradley for $600, and that it was mortgaged to him to secure the payment of a debt of $1,540; that it was sold by one Walter Cleary the bankrupt's assignee, in the bankrupt proceedings, on the 11th day of November, 1878, at which sale he became the purchaser thereof at the price of $670, and that Cleary, in pursuance to his duty as assignee, on the 21st day of September, 1881, executed and delivered to him a deed conveying the title, which was accepted, and recorded in the proper office; and avers that he has been in the peaceable and adverse possession thereof ever since. He also pleads and relies upon the lapse of time and the statute of limitation in bar of the plaintiff's right of recovery. Appellant by way of reply, admits that Brewer was adjudged a bankrupt upon his own petition, as alleged, and that Cleary, as assignee, after giving notice as required by law, sold the tract of land at public auction to the highest bidder at the court-house door in Mt. Olivet, Ky. at which sale appellee Rogers became the purchaser; but alleges that before the sale of the land by Cleary, in November, 1878, appellee Rogers and R. H. Brewer had an agreement and understanding by which Rogers was to bid in the land at the assignee's sale, and that Brewer should have the right to redeem...