Marshall v. Tully

Opinion op the Court by

Judge Clarke

Aifirming.

This is an appeal by an execution defendant from a judgment overruling and dismissing her motion to quash the levy of the execution upon her land and to set aside the execution sale of same.

The validity of the levy and sale is questioned solely upon the ground that the land was exempt therefrom as a homestead by section 1702, Kentucky Statutes, and the case having been submitted upon the pleadings without proof, the single error complained of upon this appeal is that the judgment should have been for appellant instead of appellees because the…