Denny v. Cochran
Denny v. Cochran
Opinion of the Court
The levy was made, as appears from the sheriff’s return,, upon the full interest in the entire crop. The property levied, upon is described as “sixteen acres, more or less, of wheat;
It was impossible for the appraisers, proceeding simply under the levy and notice, to make an appraisement without doing it by the acre, and appraising the full value as if Part-low owned the full interest in each acre as far as his ownership extended. In their report they say: “.We have examined the property described in our appraisement, and have appraised the present cash value of the same at: oats, three dollars per acre; corn, two dollars per acre; wheat two dollars and fifty cents per acre.” This, taken in connection with the description of property in the appraisement, necessarily means that they found such to be the full value of each acre, and' the undisputed evidence is that that was their understanding. The property was offered and bids were received under that appraisement. The reasonable inference was that Partlow’s interest was to be estimated as a full interest in so many acres as his interest in the whole would entitle him to if estimated in that way. The defendant bid more than the value, as appraised, upon that theory, and we must assume its full actual value as estimated upon that theory. We think the finding of the court fully sustained.
Several different errors are assigned, but the views which we have expressed cover, we think, all that is material to be determined.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.