Tug River Coal Company v. Brewer
| Decision Date | 02 April 1891 |
| Citation | 91 Ky. 402 |
| Parties | Tug River Coal Company v. Brewer. |
| Court | Kentucky Court of Appeals |
APPEAL FROM MARTIN CIRCUIT COURT.
STEWART & STEWART FOR APPELLANT.
R. C. BURNS FOR APPELLEE.
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 appellant, the owner, possession.
Section 16, article 9, chapter 92, General Statutes, 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 cost, if any."
By section 27, it is made the duty of the sheriff, within twenty 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, 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 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 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 expiration of the period of two years within which appellant had the right to redeem.
Section 23 requires the sheriff within thirty 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 lands. And that is the certificate which appellee, in this case, was required by section 27 to file with the county clerk, by reason of 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 sheriff is required,...
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