Jones v. Allen & Co.
Court of Appeals of Kentucky
Case 60 — PETITION EQUITY — APPEAL PROM BATH CIRCUIT COURT. 1. To make a levy upon land effectual, the sheriff must go upon the land and there indorse his levy, or must notify the defendant in the execu- , tion of the particular property upon which he proposes to levy. (Mc-Burnic v. Overstreet, 8 B. M., 304.) ’ 2. An oral contract, in regard to the sale of land, is voidable only by the parties to the contract.
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Case 60 — PETITION EQUITY — APPEAL PROM BATH CIRCUIT COURT. 1. To make a levy upon land effectual, the sheriff must go upon the land and there indorse his levy, or must notify the defendant in the execu- , tion of the particular property upon which he proposes to levy. (Mc-Burnic v. Overstreet, 8 B. M., 304.) ’ 2. An oral contract, in regard to the sale of land, is voidable only by the parties to the contract. (Crawford v. Woods, 6 Bush, 203.) An oral sale of land conveys no title, and can not be interposed to defeat an execution levied prior to the making of a conveyance in compliance with…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion op the court.
Scott and Hurst, in 1879, obtained a judgment in the Bath Circuit Court against the appellant, Spencer Boyd, for the price of some lumber with which they furnished him to build a dwelling-house on a tract of land belonging to him, they having taken proper steps to retain a lien on said house and land for the price of the lumber. Judgment was also rendered directing a sale of the land to satisfy the debt.
*383The land was not sold until the 8th day of December, 1884. On that day the master commissioner sold the-entire tract for $114 — the balance then…
2Cases cited1 opinion
- McBurnie v. OverstreetCourt of Appeals of Kentucky · 1847
3Cited by8 opinions
- Hodges v. QuireCourt of Appeals of Kentucky (pre-1976) · 1943
- Mason v. Southern Deposit BankCourt of Appeals of Kentucky (pre-1976) · 1929
- Mason v. Letcher Coal & Coke Co.Court of Appeals of Kentucky · 1922
- Avey v. ViaCourt of Appeals of Kentucky (pre-1976) · 1928
- Garrison v. ClarkCourt of Appeals of Kentucky · 1913
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