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8 Ky. Op. 494

Arnold v. Smith

Court of Appeals of Kentucky

Decided September 15, 1875

Court of Appeals of Kentucky · decided 1875-09-15

<p>Judicial Sale of Real Estate.</p> <p>A judgment for the sale of real estate -will be reversed, where it fails to direct the manner of its advertisement.</p> <p>City Assessments — Judgment.</p> <p>Where the cost of a public improvement is assessed by the city council against a lot, it is error to render a personal judgment against the lot owner.</p>

Decided 1875-09-15

¶1Opinion by

Judge Lindsay :

¶2It was error to fail to direct in the judgment the manner in which the sale should be advertised.

¶3The cost of the work was assessed by the city council against the lot owned by Arnold. It was, therefore, error to render a personal judgment against him.

¶4The petition avers that the ordinance directing the improvement to be made “was duly published in a newspaper circulated in the city of Covington, and being the same paper in which the ordinances passed by said council were then published. We cannot say that this mode of printing and circulating the said ordinance is not covered by the provisions of Sec. 6 of the act of March 2, 1850.

¶5Arnold had no title to, or interest in the material in the pavement. His counterclaim, therefore, was properly dismissed.

¶6For the two errors indicated the judgment is reversed, and the cause remanded for further proceedings consistent with this opinion.

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