Pinson v. Bentley

• Decision Date: 05 March 1943
• Citation: 293 Ky. 490
• Parties: Pinson et al. v. Bentley et al.
• Court: United States State Supreme Court — District of Kentucky

293 Ky. 490

Pinson et al. v. Bentley et al.

Court of Appeals of Kentucky.

March 5, 1943.

1. Execution. — Where sale on execution of judgment debtors' rights of redemption was void, purchasers were not entitled to insist on a strict compliance by judgment debtors with redemption statute so as to require debtors to pay amount bid by purchasers, plus 10 per cent interest specified by statute, but only such amount as equities demanded, especially where purchasers during period of their possession had received from the land amounts reimbursing them for their expenditures, after they were charged a reasonable rental for use of the property (KRS 426.530).

2. Courts; Time. — The rule that where by statute computation is to be made from the time of an act done, the day on which the act was done should be included is so firmly embodied in Kentucky jurisprudence as a guide for interpreting statutory provisions prescribing time limitation that the legislature rather than the court should change it, but the court is not compelled to apply the rule where the language employed denotes a contrary intent and its application would result in absurdity.

3. Time. — Where contract and judgment extended time for redemption from execution sale, "to and including" the 15th day after the decision would have become final, and the decision became final on the 12th day of the month, the extension actually granted included the 27th day of the month and a redemption made on that day was timely (KRS 426.530).

Appeal from Pike Circuit Court.

Jean L. Auxier for appellants.

P.B. Stratton, E.D. Stephenson and V.R. Bentley for appellees.

Before R. Monroe Fields, Judge.

OPINION OF THE COURT BY JUDGE TILFORD.

Reversing.

Earl L. Pinson and W.W. Pinson owned adjoining tracts of land containing respectively 892.29 acres and 941.40 acres. On January 4, 1937, these tracts were sold in satisfaction of various judgments against the two brothers. The lands were appraised at $42,132.00, and W.V. Young became the purchaser for $22,000. Thereafter, the equities of redemption were sold under an execution to Robert Williams, a judgment creditor, who, on December 16, 1937, assigned his bid to R.S. Johnson and John A. Bentley. On December 18, 1937, the Pinsons filed separate motions to quash the executions and set aside the sale of the equities of redemption. The motions were overruled, and appeals were prosecuted to this Court. Young, the purchaser at the decretal sale, had agreed with the Pinsons to extend the time in which the Pinsons might exercise their rights of redemption, and the final agreements between them extended that period "to and including the 15th day after the decision of the Court of Appeals, upon their appeal herein, shall have become final." On June 21, 1941, this Court held that because the equities of redemption of the respective execution debtors in their respective tracts had not been levied upon and sold separately, the sale of their equities of redemption was void, saying:

"It follows that the chancellor erred when he did not quash the executions and did not set aside the sheriff's report of sale. As there was no valid sale of the equities of redemption, the chancellor erred in setting aside the agreed order wherein W. V. Young granted to the Pinsons an extension until fifteen days after the decision on this appeal becomes final within which they may redeem." See Pinson et al. v. Williams et al. (2 cases), 288 Ky. 314, 155 S.W. (2d) 869, 871.

Before the expiration of six months from the decretal sale, Bentley and Johnson tendered to Young the amount of his bid with interest, and when the tender was declined, paid the money ($24,035) to the clerk of the Court. Young, who had discharged the first of his three purchase money bonds, was reimbursed, and the balance, $15,476.75, was delivered to the master commissioner. The disposition of this balance does not appear, but it is presumable that it was disbursed to the creditors of the Pinson brothers. Young excepted to the Court's order and prayed an appeal to this Court. He died on December 30, 1938, and the appeal was never perfected. On January 28, 1938, the Circuit Court sustained a motion of Johnson and Bentley to cancel the extension of time for redemption granted by Young to the Pinsons, and directed the Commissioner to convey to Johnson and Bentley the lands in question. On February 8, 1938, the Commissioner executed and delivered the conveyance directed by the order of January 28; and thereafter, Johnson and Bentley procured a writ of possession under which the Pinsons were ejected, and Johnson and Bentley placed in possession. Johnson died intestate on November 21, 1940, after having conveyed his interest in the property to his children, the appellees, Dr. J.K. Johnson and Helen Epperson.

The mandate of this Court directing the Circuit Court to enter a judgment consistent with the opinion of June 21, 1941, was issued on December 12, 1941, and the judgment thereafter entered setting aside the execution and the subsequent proceedings thereunder, including the sale of the rights of redemption and other orders of the Court carrying the same into effect, contained provisions validating the final extension granted by Young to the Pinsons, and adjudged that the right of each of them to redeem was enlarged and extended "to and including the 15th day after said decision of the Court of Appeals herein became final." On the night of December 27, 1941, the Pinsons obtained from K.J. Day, Dr. A.W. Thompson, F.L. Rice, and J.T. Billiter $22,000 and paid it to the Clerk of the Court after filing an affidavit in which they set forth their ownership of the equities of redemption in their respective tracts, and that Young, the purchaser at the decretal sale, was dead. Obviously, for the purpose of securing...