Chambers' Administrator v. Hays
Court of Appeals of Kentucky
Error to the Meade Circuit. Motion. Case 25. The statute of 1828, (Statute Law, 639,) requires sales of land to be made the first day of a Circuit or County Court of the county where it lies, and no sale can be made on any other day unless by the written consent oí both plaintiff and defendant in the execution. The defendant in an execution isa necessary party* to a, motion to ^uasíi a sale for irregularity.
1Opinion of the Court
Judge Marshall
delivered the opinion of the Court.
The 13th section of the act of 1828, (Stat. Law, 639,) authorizes the Sheriff to sell land under execution, on the first day, and on no other day of the Circuit or County Couit of the county. This construction was given to the statute in the case of Allison vs Taylor’s heirs, (3 B. Monroe, 366,) and we are satisfied that such is the clear import of the language used. -The Sheriff therefore, had no authority under the law, to sell on any other day of the Meade Circuit Court but the first. The statute requires the written consent of both…
2Cited by3 opinions
- Ewing v. Wilson & HowellTexas Supreme Court · 1885
- Casey v. GregoryCourt of Appeals of Kentucky · 1852
- Hohle v. RandrupNew York Supreme Court · 1902