Court of Appeals of Kentucky, 1881

Patterson v. Gray

Patterson v. Gray
Court of Appeals of Kentucky · Decided September 17, 1881 · Pryor
11 Ky. Op. 226; 3 Ky. L. Rptr. 251; 1881 Ky. LEXIS 251

Patterson v. Gray

Opinion of the Court

Opinion by

Judge Pryor:

This court in Faught v. Henry, 13 Bush (Ky.) 471, adjudged that the court would presume a town lot was indivisible, and *227therefore a judgment subjecting it to sale should sell the whole lot. This presumption may be rebutted by answer or proof showing that it would' be to the interest of all parties to have the lot divided, but in this instance it does not appear that a division of the lot could have been made. The judgment should therefore have directed a sale of the entire lot. A sale of a part of it, although paying the debt, might render the remainder valueless, when if the whole lot was sold it might pay the debt and leave something of value to the owner.

R. W. Slack, for appellants. McHenry & Haynes, for appellee.

Judgment reversed and cause remanded for further proceedings.

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