Mitchell v. Ashby
Court of Appeals of Kentucky
Case 51—ORDINARY APPEAL FROM NELSON CIRCUIT COURT. 1. Appellant is a bona fide purchaser for value in a distant county. He was entitled to possession until a better title be shown. 2. Appellee, claiming right through various executions, must lake upon himself the burden of showing the judgment upon which the fi. fas. issued. This he has not done, and, therefore, the judgment should be reversed, (i Ld.
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Case 51—ORDINARY APPEAL FROM NELSON CIRCUIT COURT. 1. Appellant is a bona fide purchaser for value in a distant county. He was entitled to possession until a better title be shown. 2. Appellee, claiming right through various executions, must lake upon himself the burden of showing the judgment upon which the fi. fas. issued. This he has not done, and, therefore, the judgment should be reversed, (i Ld. Raymond, 733; Sanders v. Vance, 7 Mon., 213; 2 Greenleaf on Ev., sec. 629; Hilliard on Torts, 333; I Salic., 408; Newman’s Plead., 531, 541, 55, 163; Gen. Stat., art. 2, sec. I, p. 417; Civil…
1Opinion of the Court
JUDGE COFER
delivered the opinion of the court.
This record presents two principal questions, which are decisive of the litigation in the case, and, when disposed of, will render unnecessary the consideration of other questions •discussed in the briefs.
An execution issued against the estate of one McComer, .and was placed in the hands of a constable of Nelson county for collection November 5,-1878.' On that day McComer was the owner of a bay mare, and had her in his possession in that county. A few days afterward he took her to Louisville, in Jefferson county, and sold her. In a few days…
2Cases cited3 opinions
- Forman v. ProctorCourt of Appeals of Kentucky · 1848
- Hood v. WinsattCourt of Appeals of Kentucky · 1841
- Clagget v. ForeeCourt of Appeals of Kentucky · 1833