Legal Opinion

Bethel v. Smith

Court of Appeals of Kentucky

Decided May 14, 1885PublishedCited by 2 opinions

Case 14 — PETITION EQUITY APPEAL PROM HARDIN CIRCUIT COURT. Neither the execution defendant whose land has been sold under execution, nor the purchaser of his equity of redemption, can redeem after the expiration of a year from the date of the first sale; and, therefore, the equity can not be sold after that time, although levied on-before the year expired. (General Statutes, chapter 38, article 12„ sections 4 and 6.) Brief not in record.

1Opinion of the Court

JUDGE PRYOR

delivered the opinion of the court.

This is an attempt by the creditors of the husband of Mrs. Bethel to subject her estate to the payment of his debts. At the death of her father she became entitled to an estate of some value, and while her part of the personalty, or that to which she was entitled, was in the hands of her father’s administrator, the creditors of the husband, by some arrangement with him, attempted to appropriate it to the payment of his debts. Before this was done,, or whilst the personal representative of her father had it in his hands, she applied to a court of…

2Cited by2 opinions

  1. Costigan v. TruesdellCourt of Appeals of Kentucky · 1904
  2. Potter v. SkilesCourt of Appeals of Kentucky · 1902

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