Tug River Coal Co. v. Brewer

• Decision Date: 02 April 1891
• Citation: 91 Ky. 402,15 S.W. 1117
• Parties: TUG RIVER COAL CO. v. BREWER.
• Court: Kentucky Court of Appeals

15 S.W. 1117

91 Ky. 402

TUG RIVER COAL CO. v. BREWER.

Court of Appeals of Kentucky.

April 2, 1891

Appeal from circuit court, Martin county.

Stewart & Stewart, for appellant.

R. C Burns, for appellee.

LEWIS J.

Appellee claiming title to the land in controversy under a sale made February 9, 1885, for unpaid taxes on it, followed by the sheriff's deed of February 11, 1887, brought this action to recover of the appellant, the owner, the possession. Section 16, art. 9, c. 92, Gen. St., gives to the owner of real estate sold for taxes two years after the day of sale within which to redeem it "by paying the purchase money with interest at the rate of thirty per cent. per annum, and in addition, fifteen per cent. on the total amount of the purchase price, and the amount of the clerk's costs, if any." By section 27 it is made the duty of the sheriff, within 20 days after the sale, to make report in writing to the county clerk, showing when the sale was made, the steps taken by him with reference thereto prior to and at the sale, to whom and for what price the land was sold, giving a description thereof as fully as he is able to do, which report shall be recorded and indexed by the county clerk in a book to be provided by him for the purpose. It is also provided by section 28 that "if the sheriff fails to make the return of the sale to the county clerk, any individual purchaser may file with the county clerk the sheriff's certificate of purchase, which the clerk shall record and index in the book aforesaid, and the same shall have the same effect as the sheriff's report would have had if returned." It appears from the pleadings and proof in this case that the sheriff did not make the report of sale required by section 27, nor was the sheriff's certificate of purchase filed until February 9, 1887, two days only before the expiration of the period of two years within which appellant had the right to redeem. Section 23 requires the sheriff, within 30 days after the sale, to give certificates of purchase, describing the land, and stating the time of sale and the price for which the land sold to all purchasers of land; and that is the certificate which the appellee in this case was required by section 27 to file with the county clerk on the sheriff's failure to make the return therein mentioned. The statute does not in terms fix the time within which a purchaser shall file the certificate; but, as the...