Legal Opinion

Borches v. Bellis

Court of Appeals of Kentucky

Decided April 25, 1901PublishedCited by 1 opinion

Case 71 — Motion by Borches & Co. Against E. T. Bellis et al. for Judgment on a Claimant’s Bond — APPEAL FROM BELL CIRCUIT COURT. Judgment for Defendants and Plaintiffs Appeal. On May 5, 1899, appellants recovered in the Bell Circuit Court a judgment against appellee, B. T. Beilis, for $526.88 with interest from Nov. 2, 1898, on which an execution was issued July 3, 1899, and levied on the property in controversy herein.

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Case 71 — Motion by Borches & Co. Against E. T. Bellis et al. for Judgment on a Claimant’s Bond — APPEAL FROM BELL CIRCUIT COURT. Judgment for Defendants and Plaintiffs Appeal. On May 5, 1899, appellants recovered in the Bell Circuit Court a judgment against appellee, B. T. Beilis, for $526.88 with interest from Nov. 2, 1898, on which an execution was issued July 3, 1899, and levied on the property in controversy herein. On July 17, 1899, the property having been advertised for sale on that day, appellee, J. F. Harkness, appeared and claimed said property and on said date the sheriff caused…

1Opinion of the Court

Opinion of the court by

JUDGE HOBSON

Reversing.

Appellants recovered1 a judgment in the Bell Circuit Court against E. T. Beilis. They had an execution issued on the judgment, and levied upon a lot of merchandise as-*622his property. Before the sheriff sold the property under the execution, appellee Harkness, under section 645 of the Civil Oode of Practice, executed a claimant’s bond; and thereupon the sheriff surrendered the property, and returned the bond, with his execution, after having the property appraised. Appellants then entered a motion, under section 648 of the Code, for judgment against…

2Cases cited1 opinion

  1. Couchman's adm'r v. MaupinCourt of Appeals of Kentucky · 1879

3Cited by1 opinion

  1. Southern Coal & Coke Co. v. BrachtCourt of Appeals of Kentucky (pre-1976) · 1937

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