Boyd v. Anderson

Decided March 29, 1881

Court of Appeals of Kentucky · decided 1881-03-29

<p>Commissioner’s Sale.</p> <p>Where there is no direction given a commissioner by the judgment to value the property sold, and not being subject to appraisement, still he fixes its value and requires at the sale that it should bring two-thirds of such value, the rights of the creditor are prejudiced, as he is entitled to have such property sold for what it will bring.</p>

Decided 1881-03-29

¶1OpinioN by

Judge PRyoe:

¶2There was no direction given the commissioner by the judgment to value the property sold, and not being subject to appraisement, the valuation made, and the requirement by the commissioner that it should bring two-thirds of its value, enured to the benefit of the *135owner, and prejudiced the rights of the creditor. We perceive no reason for disturbing the judgment or sale.

Morton & Parker, for appellant.Beck & Thornton, D. G. Falconer, for appellees.

¶3Judgment affirmed.