Musgrave v. Parrish

Citation12 S.W. 709
PartiesMUSGRAVE et ux. v. PARRISH.
Decision Date12 December 1889
CourtCourt of Appeals of Kentucky

Appeal from circuit court, Webster county.

"Not to be officially reported."

Suit by S. A. Parrish against Charles Musgrave and wife, to subject a house and lot to the payment of plaintiff's judgment debt. A judgment for plaintiff was reversed, and a part of the property held to be the separate property of the wife, and exempt from the judgment, and it was directed that she should be secured in the sale for her interest. The wife now appeals from an order confirming the sale. For former report, see 11 S.W. 464.

John D. Hill and G. H. Towry, for appellant.

PRYOR, J.

This case had been reversed before the order confirming the sale had been made; and while this, of itself, would not be sufficient to set aside the sale, no bond was required of the purchaser that the rights of this appellant might be secured, and a sale of the property was made on a credit of 6 months, when the judgment directed the sale to be made on a credit of 12 months. The entire matter of this controversy should be settled in this litigation. Judgment reversed and remanded, with directions to set aside the sale, and for proceedings consistent with this opinion.

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3 cases
  • Webb v. Webb's Guardian
    • United States
    • Court of Appeals of Kentucky
    • November 30, 1917
    ......Hall, 1 Bush, 235; Campbell v. Johnston, 4 Dana, 185; Bank of U.S. v. Carroll, 4 B. Mon. 49; Stump v. Martin, 9 Bush, 289;. Musgrave v. Parrish, 12 S.W. 709, 11 Ky. Law Rep. 573; Weller v. Bissell, 3 Ky. Law Rep. 759;. Yocum v. Foreman, 14 Bush, 494; Corley v. Ray, 7. Ky. ......
  • In re Receivership of Great Western Beet Sugar Co.
    • United States
    • United States State Supreme Court of Idaho
    • July 15, 1912
    ...v. Hamer, 40 Neb. 281, 85 N.W. 695; Patterson v. Patterson, 207 Pa. 252, 56 A. 442; Mason v. Hubner, 104 Md. 534, 65 A. 367; Musgrave v. Parrish (Ky.), 12 S.W. 709; Cofer v. Miller, 7 Bush (Ky.), 545; Bethel v. Bethel, 6 Bush (Ky.), 65, 99 Am. Dec. 655.) The court had no authority after the......
  • McDonald's Admr. v. Wallsend Coal & Coke Co.
    • United States
    • Court of Appeals of Kentucky
    • March 17, 1909

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