Reagan v. Duddy

• Decision Date: 05 February 1904
• Citation: 78 S.W. 430
• Parties: REAGAN v. DUDDY.
• Court: Kentucky Court of Appeals

78 S.W. 430

REAGAN v. DUDDY.

Court of Appeals of Kentucky.

February 5, 1904

Appeal from Circuit Court, Jefferson County, Chancery Division.

"Not to be officially reported."

Action by Margaret Duddy against Benjamin Harrigan and others. J. J Reagan purchased at the sales under the judgment, and from the order confirming the report of the sale he appeals. Reversed.

Johnson & Hieatt, for appellant.

Leapold & Pennebaker, Lane & Harrison, and G. L. Everbach, for appellee.

BURNAM C.J.

On the 29th day of June, 1903, R. W. Herr, commissioner of the first division of the chancery branch of the Jefferson circuit court, sold under a judgment rendered in favor of the Fidelity Trust & Safety Vault Company, in the action of Margaret Duddy v. Benjamin Harrigan, etc., the following described lot, located in Louisville, Ky.: "Commencing at the northwest corner of the intersection of Slevin and 25th streets, thence west along and having a front on the north side of Slevin street forty feet, and extending back northwardly, the same width, between lines parallel with the direction of 25th street, 180 feet to an alley." The appellant, James J. Reagan, became the purchaser of the property at the price of $1,055, and complied with the terms of the sale. The judgment directed the commissioner to advertise this sale by printed handbills posted for 10 days prior to the day of sale, one at the courthouse door in the city of Louisville, and by three insertions in the Official Record, a newspaper printed and published daily in the city of Louisville, giving notice of the time, place and terms of sale. The sale was duly reported by the commissioner, and appellant, as purchaser, filed exceptions to its confirmation on the ground that the Official Record was not a daily newspaper published and having a general circulation in the city of Louisville and county of Jefferson. In support of this exception the affidavit of C C. Hieatt was filed, in which he states that the Official Record is not a daily newspaper published or in general circulation in Jefferson county. The appellee filed a counter affidavit of J. B. Lewman, who says that he is president of the Record Printing & Publishing Company; and that this company is a Kentucky corporation, and the owner of the newspaper called the Official Record; it is issued and published every day in the week except Sunday, and has a general circulation among the legal profession, court officials, financial institutions, real estate agents, and public generally in the city of Louisville, and is devoted to all news pertaining to matters of public interest connected with courts, real estate, and financial matters, and is used as an advertising medium by the Louisville...