108 Ky. 759 | Ky. Ct. App. | 1900
Opinion op the court by
Reversing.,
In March, 1888, Riley and others obtained judgment in the Louisville chancery' court against Catherine Cav-anaugh, the present appellant, for something less than $2,000. From this judgment she prosecuted an appeal to-tins court without supersedeas, and on June 4, 1892, this.
We have, then, this rather startling situation discovered by this litigation: Mrs. Cavanaugh was the owner of certain residence and business property of the value, ac
At the outset it is important tó notice briefly the grounds on which the learned judge, who enters an elaborate opinion, has refused every relief to appellant. After reciting that “it is admitted Mrs. Cavanaugh was not liable in any way, nor was her property, for the debt or claim asserted in the action in which her property was seized and sold,” the learned judge said: “In subsequent proceedings between the plaintiff in this action [Willson] and the defendant [Mrs. Cavanaugh] the court of appeals held that the plaintiff [Willson:] acquired at said sale a good title against Cavanaugh to said property, notwithsanding the judgment against Cavanaugh, under which her property had been sold by the sheriff and purchased by Willson, was erroneous, and subsequently reversed.” This language •apparently indicates that the court held on the appeal of the suit by Willson for possession that, notwithstanding the judgment under which the property was sold was erroneous and subsequently reversed, still Willson obtained a good title; whereas, we had seen, the only thing determined on that appeal was that as the record there before .the court disclosed a valid and unreversed judgment, un