Monarch v. Dean

Opinion by

Judge Hargis:

The Gen. Stats. (1881), Ch. 66, Art. 2, § 16, provides: “If the property be taken under execution or attachment, the officer shall, out of the proceeds of the property found upon the leased premises, and levied on or taken by him, make payment of the rent payable in money, due and to become due, for the year in which the levy is made, unless a bond of indemnity be executed.” It was held by this court in the case of Stone v. Bohm Bros. & Co., 79 Ky. 141, 2 Ky. L. 40, that the property being removed from the leased premises, and sold to an innocent purchaser before the…