Dean v. Ball
Court of Appeals of Kentucky
CASE 11 — PETITION EQUITY — APPEALS PROM MADISON CIRCUIT COURT. CITED— Act of 1854, exempting tools from, levy, 1 Stanton, 495. Rev. Stat., secs. 28 and 30, chap. 97, 1 Stant., 96, 98. Civil Code, secs. 721, 722, 726.
1Opinion of the Court
JUDGE HARDIN
delivered the opinion oe the oodrt: ■
Although Ball had the right, under the 721st section of the Civil Code, to discharge the levy of the distress warrant on his property by executing bond, with sufficient security, to Dean, for the rent claimed, with ten per cent, costs thereon, and if he had done so, the remedy of Dean would have been by motion for a judgment on the bond, as authorized by section 722 of the Code, on the trial of which the defendants might have litigated Dean’s claim in whole or in part. The provisions of the Code do not, in our opinion, repeal the 28th section…
2Cited by1 opinion
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