147 Ky. 380 | Ky. Ct. App. | 1912
Opinion .of the Court by
Reversing.
It appears without contradiction that Mathias Templeton owned a tract of land in Perry county supposed to contain 212 acres; that it was sold in March, 1897, by the sheriff for taxes due on it for 1896; that at the sale Jerry and Iienry Walker became tbe purchasers of tbe land, and that it was: again sold the next year for taxes assessed against it for the year 1897, and that Jerry Walker, appellant, became tlie purchaser. When two years had elapsed from the date of the sale, the sheriff conveyed the land; the deed under the first sale was made to Jerry & Henry Walker and that under the second sale was made to Jerry Walker. The Walkers conceived that the .sheriff’s deeds did not convey the legal title to them, but only gave them a lien for tbe taxes, penalties, etc., paid by them, and they brought actions in the circuit court to enforce their liens, one of the actions was brought by Jerry and Henry Walker and the other by Jerry Walker. Both actions were brought in the latter part of 1900 and named Mathias Templeton as defendant. It does not appear that he was served with process, they supposing him to still he the holder of the legal title. The court entered an order in each case,
This action was brought by Jerry Walker against Henry Fields asking, in substance, that appellee be compelled to surrender all rights, if he had obtained any by reason of the commissioner’s deed to him. Walker alleged that he had offered to refund to Fields the money paid by him on his purchase, to-wit, $18.00, and tendered that amount with its interest in court, but appellee refused to accept it claiming that his rights to the land by virtue of this deed were superior to those of appellant, and that in addition he had paid $27.00 cost in the case of Jerry & Henry Walker against Templeton in which action he made the purchase. He itemized his account in his answer. He further alleged that he had taken possession of this land immediately after his purchase; that he had cleared and fenced about twelve acres of it and made other valuable and lasting improvements by reason of which the value of the land has been enhanced at least $500.00. This was all denied by reply.
The testimony sustains appellee in his payment of the cost in the action of Jerry & Henry Walker against Templeton and as to some of the improvements made on the iand, but it does not fix the cost of the improvements or the enhanced value of the land by reason thereof. The lower court dismissed appellant’s petition,
The judgment is reversed and the case remanded for a settlement between the parties upon equitable terms, as indicated.