Maynard v. Maynard

• Decision Date: 12 October 1943
• Citation: 174 S.W.2d 710,295 Ky. 399
• Parties: MAYNARD v. MAYNARD et al.
• Court: Kentucky Court of Appeals

174 S.W.2d 710

295 Ky. 399

MAYNARD v. MAYNARD et al.

Court of Appeals of Kentucky

October 12, 1943

Appeal from Circuit Court, Pike County; R. Monroe Fields, Judge.

Suit by J. Talmage Maynard against J. E. Maynard and others to set aside a sale of realty.From a judgment for plaintiffplaintiff appeals as to the extent of $174.70 of the amount of money to be tendered by him.On defendants' motion to dismiss appeal.

Appeal dismissed.

E. J Picklesimer and Willis Staton, both of Pikeville, for appellant.

J. J Moore and A. F. Childers, both of Pikeville, for appellees.

CAMMACK Justice.

A review of the opinion in the case of Maynard v. Maynard et al., in 292 Ky. 638, 167 S.W.2d 853, furnishes the background for this appeal.In that casewe reversed a judgment approving the conveyance of a tract of land, which had belonged to Talmage Maynard, to the Pikeville National Bank &amp Trust Company by the master commissioner of the Pike Circuit Court, and the conveyance of the same property by the Bank to J. E. Maynard.We directed that those deeds be cancelled and the property conveyed to Talmage Maynard upon his tender of the amount of his debt, interest and costs within a reasonable time.It was further directed that the property be resold in the event he did not make the tender.After the mandate was filed the judge of the Pike Circuit Court set aside the aforementioned deeds and gave Talmage Maynard a reasonable time in which to make the tender.In due time Maynard tendered the sum of $1,566.04, but he caused to be inserted in the order making the tender his claim that the judgment was wrong to the extent of $174.70.This amount represented interest during a period in which he said he had made a tender while the former action was pending.Thereafter the master commissioner executed a deed to Talmage and the property was delivered to him.On this appeal he is challenging the correctness of the trial court's ruling on the interest charge of $174.70.The appellees have filed a motion to dismiss the appeal on the ground the amount in controversy is less than $200.KRS 21.060.Potter v. Garrison et al.,161 Ky. 438, 171 S.W. 147;Fidelity-Phenix Fire Ins. Co. v. Henry,248 Ky. 818, 60 S.W.2d 111.

Talmage Maynard has also filed in this Court what he terms a "Motion For A Rule" against the judge of the Pike Circuit Court, and has asked that this motion be consolidated with his appeal.The purpose back of...