Reports of Civil And Criminal Cases Decided By ..., volume 17; volume 124
Reports of Civil And Criminal Cases Decided By ..., volume 17; volume 124
Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Kentucky (District). Supreme Court, Alexander Keith Marshall, William Littell
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Elrod V. Gastineau. to be exhausted by this sale because they were to get its proceeds applied to a debt they owed, and which, if not satisfied by the price of the land, they would have to pay. Unless the sureties were left free to protect themselves by seeing that the property brought its full price, they would necessarily be de- prived of a very valuable right. A surety would be loth to. bid at such a sale if, after his money was paid in for the property, and applied for the joint benefit of ...himself and co-sureties, he should discover that his purdiase, if it turned out to be a profitable one, was for the benefit of his co-sureties, who had done noth- ing to advance the interest of the sale; and, on the other hand, if the- purchase (as it might be) turned out to be unprofitable, the loss would fall upon him alone. Let us suppose that, upon the land in ques- tion there was a building which constituted (as is sometimes the case) the real value of the property as a whole, and that after the sale had been made to appellant^ and his money paid in to the sheriff, and his redemption money turned over to the purchaser in the GriflSn sale, the house burned.
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