Patton v. Campbell's Trustee

• Decision Date: 11 June 1903
• Citation: 74 S.W. 1092
• Parties: PATTON v. CAMPBELL'S TRUSTEE.
• Court: Kentucky Court of Appeals

74 S.W. 1092

PATTON v. CAMPBELL'S TRUSTEE.

Court of Appeals of Kentucky.

June 11, 1903

Appeal from Circuit Court, Jefferson County, Chancery Division.

"Not to be officially reported."

Action by George C. Patton against the L. S. V. & T. Co., trustee for Robert Campbell, Sr., and another. Judgment was rendered in plaintiff's favor by default, and was afterwards set aside on motion, and plaintiff's petition dismissed, and plaintiff appeals. Affirmed.

R. T Colston, for appellant.

Harris & Marshall, for appellee.

BURNAM C.J.

On the 11th day of July, 1894, the general council of the city of Louisville ordained that the carriageway of Twenty-Fourth street, from the north line of Broadway to the south line of Magazine street, should be improved by curbing and paving with brick. This work was performed by E. L. Colston under contract with the city. The Louisville Safety Vault & Trust Company held title to a 30-foot lot which abutted the improvement, as trustee for Robert Campbell, Sr. On the 22d day of November, 1894, an apportionment warrant was issued against the trust company, as trustee for Campbell, in favor of Colston, for $53.41, their proportionate cost of improving the street. This warrant was assigned by Colston to the appellant, Geo. C. Patton, who, on the 12th day of June 1896, instituted this suit in the Jefferson circuit court against the L. S. V. & T. Co., trustee for Robert Campbell Sr., and Robert Campbell, Sr., to collect the amount thereof. After the usual recitation of facts as to the issual and delivery of the warrant, the petition wound up with a prayer for a judgment against the F. T. & S. V. Co., trustee for Robert Campbell, Sr., and Robert Campbell, Sr., for $53.41 and that his lien against the property should be enforced and the lot sold to pay it. Summons issued on this petition against the L. S. V. & T. Co., trustee for Robert Campbell, Sr., and Robert Campbell, Sr., which the return of the sheriff shows was executed by delivering a copy of the summons to H. V. Loving, president of the L. S. V. & T. Co., and on the 21st of September, 1894, a judgment was rendered by default, directing the sale of the lot to pay the apportionment warrant, and at the sale made pursuant thereto appellant became the purchaser at the price of $77.25. The sale was reported and confirmed in June, 1898, and on the 1st of June, 1901, the Louisville Trust Company, as trustee of Campbell, moved the court to set aside the...