McLaughlin v. Schmied

• Decision Date: 14 January 1890
• Citation: 12 S.W. 1061
• Parties: MCLAUGHLIN v. SCHMIED et al.
• Court: Kentucky Court of Appeals

12 S.W. 1061

MCLAUGHLIN v. SCHMIED et al.

Court of Appeals of Kentucky.

January 14, 1890

Appeal from circuit court, Boone county.

"Not to be officially reported."

O'Hara & Bryan, for appellant.

H. P Stephens, for appellees.

PRYOR, J.

This appeal is from an order confirming the report of the sale of the appellant's land, with evidence conducing to show an inadequacy of price that, of itself, is not sufficient to invalidate the sale. The land sold has upon it a building, with 30 or 40 rooms, that was erected for a hotel, and used as such, but now abandoned. The land is susceptible of division, and could have been sold in parcels. It is composed or made up of two parcels, but, when the commissioner proceeded to sell it, he sold the whole tract, and made no effort to sell a less number of acres for the payment of the debt, and the result was a sale for a sum less than $1,700 of the entire land. The sale in gross was erroneous, and, as no direction was given by the judgment as to how the land should be sold, the sale should have been conducted in the usual way, and an attempt made, at least, to make less of the land pay the debt. The sale, under such circumstances, should have been set aside. Judgment reversed, and remanded, with directions to sustain the exception and order a resale.