Woodland Cemetery Co. v. Stout's Adm'r
| Decision Date | 04 December 1906 |
| Citation | 97 S.W. 756 |
| Parties | WOODLAND CEMETERY CO. ET AL. v. STOUT'S ADM'R. |
| Court | Kentucky Court of Appeals |
Appeal from Circuit Court, Whitley County.
"Not to be officially reported."
Action by S. V. D. Stout's administrator against the Woodland Cemetery Company and others. From a judgment for plaintiff, defendants appeal. Affirmed.
Sharp & Siler, for appellants.
C. W. Lester, for appellee.
In the case of Woodland Cemetery Company v. Ellison, 80 S.W. 169, 25 Ky. Law Rep. 2069, S. V. D. Stout, as master commissioner of the circuit court, was allowed a fee for his services of $78, $10 of which was paid. The cemetery company settled with Ellison, but failed to pay Stout, and his administrator, being unable to collect his claim otherwise, filed this suit against the cemetery company, alleging that it owned three acres of land, with a house upon it, and on which there were no graves, and on which there was a lien for his claim, as it was a part of the cost in the suit of Ellison for the purchase money of the property. The circuit court ordered the land sold for the debt, and the cemetery company appeals.
The rule that the chancellor will not order a sale of a cemetery has no application to the case, as it is alleged in the petition, and not denied, that there are no graves on the land ordered to be sold. It is true the court might, in its discretion, have placed the property in the hands of a receiver, instead of ordering a sale of it; but, on the showing made in the circuit court, it appeared that it was not practicable to make the judgment in this way. The court had the power to order a sale of the property for the debt, and we do not see that he abused a sound discretion in ordering a sale.
Judgment affirmed.
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