McGhee v. Sutherland
Court of Appeals of Kentucky
Case 28 — MOTION APPEAL EROM DAVIESS CIRCUIT COURT. I. The notice upon which this proceeding is based is not sufficient. (Bunnell v. Thompson, 12 Bush, 116; Sharpe v. Roe, &e., 13 Bush, 461.) 2. Even if’ the notice is to be tested by the form prescribed in the amendment of March 23, 1882, to section 9, of article 12, chapter 38, of the General Statutes, it is not good for the reason that it refers to the venditioni instead of to the execution as required.
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Case 28 — MOTION APPEAL EROM DAVIESS CIRCUIT COURT. I. The notice upon which this proceeding is based is not sufficient. (Bunnell v. Thompson, 12 Bush, 116; Sharpe v. Roe, &e., 13 Bush, 461.) 2. Even if’ the notice is to be tested by the form prescribed in the amendment of March 23, 1882, to section 9, of article 12, chapter 38, of the General Statutes, it is not good for the reason that it refers to the venditioni instead of to the execution as required. (Acts 1881, volume 1, page 49.) 3. In making out title to land under execution sale it is always necessary to exhibit the…
1Opinion of the Court
JUDGE HOLT
DELIVERED THE OPINION OF -THE COURT.
This is a proceeding by notice under section 9, article 12, chapter 3^, of the General Statutes, by the purchaser, to recover the possession of land sold under execution.
It provides that - he may, after obtaining a conveyance and upon ten days’ notice to the execution ■defendant, enter a motion upon the docket of the •circuit court for the county in which the land lies, for a judgment for the possession; and that the court shall award it if, upon the hearing, it appears that he is entitled to it, the proceedings to be the same as provided in…
2Cases cited2 opinions
- Bunnell v. ThompsonCourt of Appeals of Kentucky · 1876
- Sharpe v. RoeCourt of Appeals of Kentucky · 1877
3Cited by5 opinions
- Noble v. People's Stock & Poultry Feed Co.Court of Appeals of Kentucky · 1920
- Nuckels v. Robinson-Pettett Co.Court of Appeals of Kentucky · 1914
- Phelps v. JonesCourt of Appeals of Kentucky · 1891
- Hughes v. GroganCourt of Appeals of Kentucky · 1914
- Thompson v. Sunrise Coal Company's TrusteeCourt of Appeals of Kentucky · 1918