101 Ky. 205 | Ky. Ct. App. | 1897
delivered the opinion, of the court
This is an appeal by a purchaser of land at a judicial sale from judgment overruling his exceptions, and confirming the report of the commissioner, which necessarily bound him to pay the purchase price, and accept conveyance of title. Appellee, a creditor of Lewis Adkins, brought the action in which was rendered the judgment to subject the land in question to satisfaction of his debt; and, so far as shown by the pleadings, proceedings and proof in the case; Lewis Adkins had a fee simple title to the land; but filed with, exceptions to the sale was a properly authenticated deed showing the legal title of the land to have been in Polly Adkins at time of her death, and consequently now in her heirs at law. The deed was executed by Fayette Hewitt, auditor of public accounts, in consideration of $18.50, amount of taxes; and there is nothing to show it was ineffectual to pass to the grantee absolute title to the land, for it appears to have been executed, delivered and recorded regularly, and in pursuance of the statute; and, although there was by it conveyed as much as 300 acres, and the description is not as full and precise as might have been, there is enough in the record of this case to show with reasonable certainty the land in question is embraoed by that deed,
The judgment is, therefore, reversed and cause remanded for proceedings consistent with this opinion.