Davidson v. Simmons
Court of Appeals of Kentucky
Case 19 — PETITION EQUITY APPEAL PROM WARREN CIRCUIT COURT. CITED Revised Statutes, 2 Stanton, 126, 135. Myers’s Supp. 295. Civil Code, sec. 474. 2 Bush, 231, Lockhart v. Yeiser. 3 Bush, 223, Clark v. Kellar. 3 Met. 255, Hedger v. Rennaker. CITED. Revised Statutes, chap. 63, art. 3, sec. 1, art. 4, see. 9. Myers’s Supplement, p. 295. 7 Mon. 450, Herndon v. Bartlett. 8 Bush, 590, Poston v. Smith. 16 B. Mon. 415, Ridgely v. Price.
1Opinion of the Court
JUDGE COEER
delivered the opinion or the court.
Simmons recovered a judgment against Davidson in the Warren Circuit Court in August, 1848, and September 20th, 1848, an execution issued thereon directed to the sheriff of Warren County, where Davidson then resided, and was returned in November of that year indorsed in substance “no property found.” In May, 1849, Davidson removed from this state, and has continued absent therefrom ever since.
July 26th, 1873, Simmons brought this suit in equity in *332the Warren Circuit Court, under section 474 of the Civil Code, to enforce satisfaction of the…
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