Columbia Bldg., Loan & Savings Ass'n's Assignee v. Gregory
Court of Appeals of Kentucky
CASE 52. — ACTION BY THE COLUMBIA LOAN & SAVINGS ASSOCIATION’S ASSIGNEE AGAINST E. B. AND C. R. GREGORY. — September 29. Appeal from Jefferson Circuit Court; Chancery Branch, (First Division). Shackelford Miller, Judge.
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CASE 52. — ACTION BY THE COLUMBIA LOAN & SAVINGS ASSOCIATION’S ASSIGNEE AGAINST E. B. AND C. R. GREGORY. — September 29. Appeal from Jefferson Circuit Court; Chancery Branch, (First Division). Shackelford Miller, Judge. From a judgment quashing an execution on a judgment for plaintiff, plaintiff’s assignee' appeals — POINTS AND AUTHORITIES. 1. The judgment upon which execution was issued in this case, is upon its face valid for fifteen years, and cannot now be attacked by defendant showing she was a surety only. (Diering v. Veal, 78 S. W., 886; Moran v. Viceroy, 77 S. W., 668; Herring v.…
1Opinion of the Court
Opinion of the Court by
Judge Hobson —
Affirming.
A judgment was rendered on February 19, 1898, in Jefferson circuit court in favor of tbe Columbia Building Loan & Savings Association against C. E. Gregory and E, B. Gregory. No execution was issued on the judgment until July 12, 1907. An execution having been issued, E. B. Gregory entered a motion in the court to quash the execution upon tbq ground that she was only a surety in the debt for which the judgment was rendered, and that no execution had issued upon the judgment within seven years. The court sustained the .motion, and the…
2Cases cited3 opinions
- Hauns v. Central Kentucky Lunatic AsylumCourt of Appeals of Kentucky · 1898
- Day v. BillingslyCourt of Appeals of Kentucky · 1867
- Woolley v. City of LouisvilleCourt of Appeals of Kentucky · 1904
3Cited by3 opinions
- Creditors Adjustment Co. v. NewmanCalifornia Supreme Court · 1921
- Howard v. MillerKentucky Supreme Court · 1985
- Park Hill Realty Co. v. LykinsCourt of Appeals of Kentucky (pre-1976) · 1942