72 Ky. 24 | Ky. Ct. App. | 1872
delivered the opinion op the court.
This appeal is prosecuted for the reversal of a judgment rendered against the appellant personally for two installments of the price of a tract of land, evidenced by notes which were due, and also for enforcing the vendor’s lien by a sale of the land, or so much as is necessary to satisfy said debts and costs; subject, however, to a lien in favor of the plaintiff as the holder of another note for $323.40, then not due, which, like the others, was given by the appellant for part of the price of the land.
The principal question presented for oúr determination is whether the judgment is or not erroneous, in so far as it directs the sale to be made subject to the plaintiff’s lien for the debt
The personal judgment against the appellant is complained of as erroneous; but, although his answer purports to set out his discharge in bankruptcy, there is no authenticated copy of it in the record, and we can not therefore decide that the appellant was not liable to a personal judgment.
But for the error indicated the judgment is reversed, and the cause remanded for a judgment in conformity to this opinion.