Legal Opinion

Farmers' Bank v. Morris

Court of Appeals of Kentucky

Decided December 4, 1880PublishedCited by 4 opinions

Case 30 — EQUITY APPEAL FROM HENDERSON COURT OF COMMON PLEAS. ' 1. The code authorizes the plaintiff, after a return of “no property,” to institute his action for the discovery of any money, choses in action, equitable or legal interest, and all other property to which the defendant is entitled, &e., &e.

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Case 30 — EQUITY APPEAL FROM HENDERSON COURT OF COMMON PLEAS. ' 1. The code authorizes the plaintiff, after a return of “no property,” to institute his action for the discovery of any money, choses in action, equitable or legal interest, and all other property to which the defendant is entitled, &e., &e. (Bank of Louisville v. Barrick, 1 Duv., 51; Blincoe v. Lee, 12 Bush, 358.) :2. It is clear that a court of equity, after such return, will subject the growing crop at any time, having regard to the rights of the parties. 1. The statute provides that no growing crop shall be levied or sold…

1Opinion of the Court

•JUDGE HINES

delivered tiie opinion of tiie court.

Appellant, having judgment and execution with return of “no property,” instituted this action in equity, obtained an ■attachment, and caused.it to be levied September 5th, 1876, ■upon a growing crop. From a judgment discharging the •attachment, this appeal is taken. The correctness of that ruling is the only question for our consideration.

Section 439 of the Civil Code, which authorizes a proceeding in equity on return of “no property,” was intended to enable the creditor to subject to the payment of his ■claim ‘ ‘ any money, chose in action,'…

2Cases cited1 opinion

  1. Blincoe v. LeeCourt of Appeals of Kentucky · 1876

3Cited by4 opinions

  1. Brackett's Admr. v. Boreing's Admr.Court of Appeals of Kentucky · 1908
  2. Merriwether v. BellCourt of Appeals of Kentucky · 1900
  3. Pioneer Coal Company v. Asher, Sr.Court of Appeals of Kentucky (pre-1976) · 1925
  4. Florence v. DunaganCourt of Appeals of Kentucky (pre-1976) · 1939

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