White v. O'Bannon
Court of Appeals of Kentucky
Case 13 — PETITION EQUITY APPEAL FROM HENRY CIRCUIT COURT. 1. Sale of land under execution or attachment is void where the officer’ return does not identify the land sufficiently to enable a conveyance to be made from the description. (Johnson v. Rowe, MS. Op , Sept, 1880.) 2. Attached property can not be sold by sheriff as such — only by commissioner of court or special commissioner.
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Case 13 — PETITION EQUITY APPEAL FROM HENRY CIRCUIT COURT. 1. Sale of land under execution or attachment is void where the officer’ return does not identify the land sufficiently to enable a conveyance to be made from the description. (Johnson v. Rowe, MS. Op , Sept, 1880.) 2. Attached property can not be sold by sheriff as such — only by commissioner of court or special commissioner. (Gen. Stats., chap. 75, secs. 2, 11.) 1. General description of land on levy of attachment is all that is required. (Reid v. Heasley, 9 Dana, 325; Bell v. Witherford, 12 Bush, 506; Demint v. Thompson, 80 Ily.,…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion oj? the court.
In September, 1870, A. Gr. Roberts instituted two actions of debt in the Shelby circuit court against John W. and James H. White. Roberts sought in each action to recover judgment against John W. and James TI. White on their joint indebtedness to him.
About the same time W. C. Baskett brought suit in the Shelby circuit court against John W. and James H. White, for the purpose of recovering judgment against them on their joint indebtedness to him.
John W. and James H. White were personally served with summons to answer each of the foregoing…
2Cited by14 opinions
- Duncan v. DuncanCourt of Appeals of Kentucky · 1892
- Commonwealth v. McKentySuperior Court of Pennsylvania · 1912
- Wren v. CookseyCourt of Appeals of Kentucky · 1912
- Berry v. SeawallCourt of Appeals for the Sixth Circuit · 1895
- Turner v. BrowningsCourt of Appeals of Kentucky · 1908
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