Kaler v. Grady

• Decision Date: 24 November 1896
• Citation: 37 S.W. 955
• Parties: KALER et al. v. GRADY.
• Court: Kentucky Court of Appeals

37 S.W. 955

KALER et al. v. GRADY.

Court of Appeals of Kentucky.

November 24, 1896

Appeal from circuit court, Hickman county.

"Not to be officially reported."

Action by D. W. Kaler and others against W. B. Grady. Judgment for defendant. Plaintiffs appeal. Reversed.

E. T Bullock and Thomas G. Poore, for appellants.

J. M Brummal & Sons, for appellee.

LANDES J.

A tract of about 50 acres of land, which was owned by W. B. Grady in his lifetime, was sold by the commissioner, under a judgment rendered in the Hickman circuit court in an action commenced after his death by Dr. George Beeler on a debt owing by him and secured by a lien on the land, against his administrator and his four children, who were his only heirs at law; the appellant Mrs. Kaler and the appellee being two of them. Previous to the sale, the commissioner caused the land to be appraised, as required by the statute, and the appraisers fixed the value of it at $1,000. The appellee was the purchaser of the land at a price less than two-thirds of its value so fixed, and it was therefore subject to redemption by any of the heirs of W. B. Grady, deceased. It was alleged in the petition, in substance, that the plaintiffs (appellants here) had made arrangements to redeem the land, and that they were able and would have redeemed it within the period allowed by that statute for redemption, but that they were induced to and did relinquish their purpose to redeem it by the promises and undertakings of the appellee (not alleged to be in writing) that, if they would not do so, but would allow him to pay the Beeler debt, and take a conveyance of the land to himself from the commissioner by virtue of his said purchase, he would pay plaintiffs the value of the interest of Mrs. Kaler as one of the heirs of W. B. Grady, deceased in the land after paying the Beeler debt; or that he would convey to Mrs. Kaler a quantity of the land sufficient to pay her for her said interest or portion, "and, if they could not agree upon the price of the land, then he would pay her the money." The meaning of the last sentence, which is accurately quoted from the petition as it is copied in the record, is somewhat obscure. But the object and purpose of the petition as it relates to the alleged promise of the appellee was to recover of him the value of the one-fourth interest of Mrs. Kaler in the land, after deducting one-fourth of the sum that was paid by the...