Johnson v. Bush

• Decision Date: 10 October 1901
• Citation: 64 S.W. 628
• Parties: JOHNSON et al. v. BUSH et al. [1]
• Court: Kentucky Court of Appeals

64 S.W. 628

JOHNSON et al. v. BUSH et al. ^[1]

Court of Appeals of Kentucky.

October 10, 1901

Appeal from circuit court, Fayette county.

"Not to be officially reported."

Action by Bush & Curran against Elizabeth M. Johnson and others to enforce a material man's lien. Judgment for plaintiffs and for one of the defendants on cross petition, and the other defendants appeal. Affirmed.

James Andrew Scott, for appellants.

Falconer & Falconer, for appellees.

GUFFY J.

The appellees Bush & Curran sought in this action to enforce a material man's lien upon certain real estate described in the petition. The appellee the National Building & Loan Association, together with appellants, were made parties hereto. The National Building & Loan Association filed its answer and counterclaim, in which an indebtedness to it of appellant Elizabeth M. Johnson, amounting to $4,000, subject to certain credits therein set out, was alleged; and also asserted a mortgage lien upon the lots in question, and averred that the lots were not susceptible of division without detriment to their value, and asked judgment against the said appellant, and for a sale of the property for the payment of its claim. This answer seems to have been filed March 9, 1898. Appellant demurred to the answer and counterclaim because it did not state facts sufficient to constitute a cause of action against her, which demurrer was overruled by the court in January, 1899; and on the 23d day of January, 1899, a judgment was rendered against Mrs Johnson for $4,000, besides interest, and for $4.50 per month for each month from June, 1894, to February, 1898, and for the sum of $1.50 per month from December, 1894, to February 1898, and subject to various credits, and further adjudged a sale of the property mentioned to satisfy the same. It seems that the sale was made February 13, 1899, and lots purchased by Mrs. Johnson at her bid for $4,500, but she failed to execute bond as required by the judgment, and the sale was set aside, and another sale ordered to take place on the 13th of March, 1899, and the purchaser required to deposit with the commissioner immediately upon his announcement as the purchaser the sum of $200 to secure compliance with the terms of sale. On the 13th of March, but before the sale was made the appellant moved the court to set aside the judgment and permit her to file her answer, which motion was overruled by the court. The...