Maynard v. May

• Decision Date: 17 March 1894
• Parties: MAYNARD v. MAY.
• Court: Kentucky Court of Appeals

25 S.W. 879

MAYNARD v. MAY.

Court of Appeals of Kentucky.

March 17, 1894

Appeal from circuit court, Floyd county

"Not to be officially reported."

Action by Elizabeth Maynard against Samuel May. From the judgment, plaintiff appeals. Reversed.

For report of Maynard v. May, referred to in the opinion, see 11 S.W. 806.

James E. Stewart and James Goble, for appellant.

R. T. Burns, for appellee.

PRYOR, J.

This judgment must be reversed. The appellee had the house and lot of appellant sold when it was not liable for his debt. Judgment was rendered by the court below, and the property purchased by one Jones. That judgment subjecting the property, although erroneous, by the sale under it passed the title to the purchaser. There was no supersedeas, and this court having determined the land not liable and the judgment below erroneous, the party (who was the appellee) having the house and lot sold is liable to the appellant for its value at that date, with interest. The court below only gave what the purchaser paid for it, which was less than its value. It is conceded that it was worth $400. The judgment is reversed and remanded, with directions to render a judgment for that amount, with interest from the time the appellant was divested of possession.