Legal Opinion

Heck v. Fisher

Court of Appeals of Kentucky

Decided November 27, 1880PublishedCited by 10 opinions

Case 131 — PETITION EQUITY — APPEAL FROM HENDERSON COMMON PLEAS COURT. 1. A return of “no property” as to one of two defendants in an execution which has been replevied by the other, is a sufficient return upon which to institute an action. (Sec. 17, p. 684, Gen. Stat.) 2. The Henderson court of common pleas had jurisdiction to issue execution on a transcript from the quarterly court.

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Case 131 — PETITION EQUITY — APPEAL FROM HENDERSON COMMON PLEAS COURT. 1. A return of “no property” as to one of two defendants in an execution which has been replevied by the other, is a sufficient return upon which to institute an action. (Sec. 17, p. 684, Gen. Stat.) 2. The Henderson court of common pleas had jurisdiction to issue execution on a transcript from the quarterly court. (Subsec. 14, sec. 723, Civil Code; sec. 7, p. 288, Gen. Stat.; Acts 1876, chap. 42, p. 5.) 3. The improvements made by the husband were not necessary to secure a home for him and his family, and were made to…

1Opinion of the Court

JUDGE HINES

delivered the opinion of the court.

Appellant having a judgment against appellee, J. O. Fisher, and a return of no property, instituted this suit in equity to subject a house and lot, the legal title to which is in the appellee S. E. Fisher, wife of appellee J. O. Fisher.

■ It is in substance alleged in the petition that S. E. Fisher held the legal title to a lot of the value of five hundred dollars, which was paid for by her husband, J. O. Fisher, before the creation of the debt sued on, but that, subsequent to the creation of the debt, the husband, at his own expense, caused a…

2Cases cited1 opinion

  1. Kennedy v. Ten BroeckCourt of Appeals of Kentucky · 1875

3Cited by10 opinions

  1. Maddox v. SummerlinTexas Supreme Court · 1899
  2. Segal v. ReisertCourt of Appeals of Kentucky · 1908
  3. Potter v. StanleyCourt of Appeals of Kentucky · 1920
  4. Dulaney v. FiggCourt of Appeals of Kentucky · 1906
  5. McDanell v. LandrumCourt of Appeals of Kentucky · 1888

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