Casey v. Gregory
Court of Appeals of Kentucky
APPEAL FROM UNION CIRCürf. Chancery. Case 36. -e stated 1. Mere irregularities on the part of a sheriff in the sale of land, will not vitiate the sale. Asale, however, made on a day not authorized by law, is not a mere irre gularity.
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APPEAL FROM UNION CIRCürf. Chancery. Case 36. -e stated 1. Mere irregularities on the part of a sheriff in the sale of land, will not vitiate the sale. Asale, however, made on a day not authorized by law, is not a mere irre gularity. Sheriff has no authority to sell land except on the days designated by statute, (6 É. Monroe, 115,) unless consented to by the parties to the execution. 2. A lease of land for five years is valid, though not recorded, and the lessee may hold duringhis term, where a sale is made by a sheriff under execution against the lessor- — though the purchaser will be…
1Opinion of the Court
Judge Simpson
delivered tbe opinion of the court.
-e stated
Casey leased to Gregory a tract of land for the term of five years, from the 1st day of January, 1840, f01' which Gregory was to pay an annual rent of $ 150. The rent for the years 1840 and 1841 was paid, and also $106 25 on account of the rent of 1842.
In the year 1842, four executions against Casey, which were in the hands of the sheriff, were, by his directions, levied upon the land leased to Gregory, and a sale thereof was made by the sheriff, at which sale a man by the name of Buckham became the purchaser at the price of twenty-one…
2Cases cited1 opinion
- Chambers' Administrator v. HaysCourt of Appeals of Kentucky · 1845
3Cited by1 opinion
- Sanders, Chief Clerk, Etc. v. Talbott, AuditorCourt of Appeals of Kentucky (pre-1976) · 1934