Clements v. Waters & Hayden
Court of Appeals of Kentucky
Case 13 — PETITION EQUITY APPEAL PROM ■WASHINGTON CIRCUIT COURT. 1. The land in controversy was subject to execution. The legal title is always and under all conditions liable to levy and sale. (Gen, Stats., chap. 38, art. 12, sec. 1; 11 ©ana,‘216; 2 Dana, 323; 4 Bush, 280; 3 B. M. 580; 9 Bush, 219,; .2 Met., ¶96; 8 Dana, 198; 16 B. M., 78.) 2. Land subject to levy and sale under texecution can not be subjected by an action in equity upon a return of “no property.”
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Case 13 — PETITION EQUITY APPEAL PROM ■WASHINGTON CIRCUIT COURT. 1. The land in controversy was subject to execution. The legal title is always and under all conditions liable to levy and sale. (Gen, Stats., chap. 38, art. 12, sec. 1; 11 ©ana,‘216; 2 Dana, 323; 4 Bush, 280; 3 B. M. 580; 9 Bush, 219,; .2 Met., ¶96; 8 Dana, 198; 16 B. M., 78.) 2. Land subject to levy and sale under texecution can not be subjected by an action in equity upon a return of “no property.” (Weatherford v. Myers, 2 Duv., 91.) 1. This court has no jurisdiction of the appeal. The title to land is not involved, and the…
1Opinion of the Court
JUDGE HOLT
delivered the opixiox of the court.
The appellees, Waters & Hayden, having a return ■of nulla bona as to a judgment in the quarterly court .against their debtor, J. S. Mclntire, filed a transcript of the proceedings in the circuit court, sued out execution there as provided by section 723 of the Civil ■Code, and it was also returned “no property.”
The debtor was then the owner, by inheritance from one Linton, of an undivided interest in some land situate in the county to which the execution had issued, but it was not levied upon it. It does not clearly apj>ear that Linton had the…
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