Brace v. Shaw
Court of Appeals of Kentucky
APPEAL PROM KENTON CIRCUIT. The facts of the case are stated in the opinion of the Court. Rep. The first question arising in the caséis whether by any law of Kentucky an equity of redemption which has descended from an ancestor to his children can be levied upon and sold, upon an execution issued on a judgment at law against the heirs? It cannot be pretended that an equity of redemption can be sold on execution, by any common law rule or proceeding.
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APPEAL PROM KENTON CIRCUIT. The facts of the case are stated in the opinion of the Court. Rep. The first question arising in the caséis whether by any law of Kentucky an equity of redemption which has descended from an ancestor to his children can be levied upon and sold, upon an execution issued on a judgment at law against the heirs? It cannot be pretended that an equity of redemption can be sold on execution, by any common law rule or proceeding. (1 Powell on Mortg. 254; 1 Ohio Rep. 314, 318.) If it can be sold at all on execution, a statute of the State must be found authorising the sale…
1Opinion of the CourtChief Justice Marshall
delivered the opinio» of the Court.
Julius Brace and wife and others, the children and heirs of Abraham P. Howell, deceased, filed this petition in ordinary, to recover about twenty-one acres of land, part of a large tract of about 375 acres, which had descended to them from their father, and of which a considerable portion having- been sold under a decree for the foreclosure of three mortgages which he had executed, the residue, of which that now in contest is a part, is claimed to have been sold under two judgments and the executions thereon, against the administrator and heirs of said…
2Cases cited2 opinions
- Harrison v. CampbellCourt of Appeals of Kentucky · 1838
- Payne v. Logan's administratorCourt of Appeals of Kentucky · 1816
3Cited by3 opinions
- Dailey v. StateMississippi Supreme Court · 1879
- Ballance v. BallanceCourt of Appeals of Kentucky (pre-1976) · 1926
- Louisville & Nashville R. R. v. DanielCourt of Appeals of Kentucky · 1909