Burrow v. Maxon
Court of Appeals of Kentucky
CASE 65. — ACTION BY D. E. BURROW AGAINST O. W. MAXON FOR A WRIT OF POSSESSION FOR LAND BOUGHT AT AN EXECUTION SALE, WHICH DEFENDANT CLAIMS IS EXEMPT AS A HOMESTEAD — Oct. 2. Appeal from McCracken Circuit Court. W. M. Reed, Circuit Judge. Judgment for defendant, plaintiff appeals — SYNOPSIS AND CITATIONS.
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CASE 65. — ACTION BY D. E. BURROW AGAINST O. W. MAXON FOR A WRIT OF POSSESSION FOR LAND BOUGHT AT AN EXECUTION SALE, WHICH DEFENDANT CLAIMS IS EXEMPT AS A HOMESTEAD — Oct. 2. Appeal from McCracken Circuit Court. W. M. Reed, Circuit Judge. Judgment for defendant, plaintiff appeals — SYNOPSIS AND CITATIONS. Issues, formed by answer and reply: 1. Was appellee owner of the land under parole gift or by deed of gift. 2. Was he owner by gift or by purchase within the meaning of section 1702 Kentucky Statutes? 3. If by purchase was the land subject to the debt and execution. (a) Debt created in the…
1Opinion of the Court
Opinion op the Court by
Judge Hobson
— Affirm-
ing.
I). E. Burrow had a debt against O. W. Maxon, which was created between the years 1896 and 1902. He sued Maxon upon the debt, and recovered judgment. Execution was issued upon the judgment and levied upon a tract of land, the property of Maxon. The land was sold, and was purchased by Burrow. It was not redeemed, and Burrow instituted this proceeding by motion in the McCracken circuit court for a writ of possession. By his answer Maxon set up that the land was a homestead, and as such exempt from execution sale. The case was heard by the court,…
2Cases cited4 opinions
- Spratt v. AllenCourt of Appeals of Kentucky · 1899
- Turner v. BrowningsCourt of Appeals of Kentucky · 1908
- Meador v. MeadorCourt of Appeals of Kentucky · 1889
- Young v. WhitakerCourt of Appeals of Kentucky · 1818
3Cited by4 opinions
- Deboe v. BrownCourt of Appeals of Kentucky (pre-1976) · 1929
- In re BakerCourt of Appeals for the Sixth Circuit · 1910
- Moody v. BarkerCourt of Appeals of Kentucky · 1920
- Staun & Co. v. ProctorCourt of Appeals of Kentucky · 1913