Bell v. Weatherford
Court of Appeals of Kentucky
Case 6 — PETITION EQUITY APPEAL FROM LINCOLN CIRCUIT COURT. 1. An action to recover possession of land under the Civil Code is a substitute for the action of ejectment, and the indispensable requisites to enable the plaintiff to recover are not dispensed with. 2. An execution sale and sheriff’s conveyance of land divest the execution defendant, and vest the purchaser with the legal title. 3. In an action by the purchaser to recover the possession he must show a legal title…
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Case 6 — PETITION EQUITY APPEAL FROM LINCOLN CIRCUIT COURT. 1. An action to recover possession of land under the Civil Code is a substitute for the action of ejectment, and the indispensable requisites to enable the plaintiff to recover are not dispensed with. 2. An execution sale and sheriff’s conveyance of land divest the execution defendant, and vest the purchaser with the legal title. 3. In an action by the purchaser to recover the possession he must show a legal title in the execution defendant at the time of the levy and sale. 4. The land was not properly described in the levy; the sale…
1Opinion of the Court
JUDGE ELLIOTT
delivered the opinion op the court.
Tbe appellee became the purchaser of a small tract of land lying in the county of Casey at execution sale. ' Before this purchase he had caused execution to issue on a judgment obtained by him against the appellant, W. H. Bell, and caused the same to be levied on the land as appellant ~W. H. Bell’s property, and at the sale appellee bought it.
The appellant W. H. Bell’s equity of redemption was then levied on and sold by virtue of an execution which issued *507on another judgment in favor of appellee and against Bell, and purchased by the appellee.…
2Cases cited1 opinion
- Reid v. HeasleyCourt of Appeals of Kentucky · 1840
3Cited by3 opinions
- Leath v. DeweeseCourt of Appeals of Kentucky · 1915
- Devor v. WoolfordCourt of Appeals of Kentucky · 1878
- Sayers v. HahnCourt of Appeals of Kentucky · 1883