Collins v. Collins
Court of Appeals of Kentucky
Case 18 — EQUITY APPEAL FROM MADISON COVET OF COMMON PLEAS. 1. The act of April 9,1878, providing “for the redemption of real estate sold under an order or judgment of a court,” does not impair the obligation of the contract sued upon. The remedy is altered, but not so as to affect the contract.
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Case 18 — EQUITY APPEAL FROM MADISON COVET OF COMMON PLEAS. 1. The act of April 9,1878, providing “for the redemption of real estate sold under an order or judgment of a court,” does not impair the obligation of the contract sued upon. The remedy is altered, but not so as to affect the contract. The case of Edwards v. Kersey (96 U. S., 595) is not analogous. 1. In altering the remedy, and the requirement of sale existing at the date of the institution of this suit and before, the obligation is affected to the injury of appellee. 2. The act in question cannot constitutionally operate upon this…
1Opinion of the Court
JUDGE HARGIS
delivered the opinion of the court.
Appellee recovered a judgment for $200 and costs against appellant, on which an execution was issued and returned “no property found,” in the year 1871.
He then instituted his action on said judgment and return for the purpose of subjecting to the satisfaction of the judgment an undivided life interest of appellant in a tract of land devised to him.
At the January term, 1878, a judgment of sale was rendered, and it was made in pursuance of the judgment, without appraisement or provision for redemption within twelve •months by the appellant or his…
2Cases cited4 opinions
- Von Hoffman v. City of QuincySupreme Court of the United States · 1867
- Bronson v. KinzieSupreme Court of the United States · 1843
- Planters' Bank v. SharpSupreme Court of the United States · 1848
- Blair v. WilliamsCourt of Appeals of Kentucky · 1823
3Cited by16 opinions
- Langever v. MillerTexas Supreme Court · 1934
- State Ex Rel. Porterie v. WalmsleySupreme Court of Louisiana · 1935
- Reed v. SwanSupreme Court of Missouri · 1896
- Welsh v. CrossCalifornia Supreme Court · 1905
- Yeatman v. KingNorth Dakota Supreme Court · 1892
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