Kimbrough v. Harbett
Court of Appeals of Kentucky
Case 9 — Action to Enfobce Execution Lien — APPEAL FBOM NICHOLAS CIRCUIT COUET. Judgment fob Defendant and Plaintiff Appeals. The appellant, as Master Commissioner, of the Nicholas Circuit Court, in obedience to an order of sale in said court, sold to J. M. Flora, a tract of land for $1,018.86, in two payments and accepted appellee Harbett as surety on the sale bonds, which were made payable to appellant as commissioner.
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Case 9 — Action to Enfobce Execution Lien — APPEAL FBOM NICHOLAS CIRCUIT COUET. Judgment fob Defendant and Plaintiff Appeals. The appellant, as Master Commissioner, of the Nicholas Circuit Court, in obedience to an order of sale in said court, sold to J. M. Flora, a tract of land for $1,018.86, in two payments and accepted appellee Harbett as surety on the sale bonds, which were made payable to appellant as commissioner. Execution issued on these bonds and was levied on three tracts of land belonging to appellee, dn one of which there was a mortgage for a debt of $150. On April 22, 1897,…
1Opinion of the Court
Opinion of the court by
JUDGE HOBSON
Reversing.
Appellant, on April 22, 1897, filed in the Nicholas Circuit Court his petition in equity against appellee, W. W. Harbett, in which he alleged that on April 11, 1895, he-caused executions to be issued upon certain sale bonds executed by appellee, and placed tlre-m in the hands of the sheriff of Nicholas county, who levied them upon four tracts of land belonging to him — the first containing 32% acres, the second 33% acres, the third 8 acres, and the fourth 7 acres; that there was a mortgage upon the first tract, which was prior to his execution…
2Cases cited8 opinions
- Cheatham v. WhitmanCourt of Appeals of Kentucky · 1888
- Snapp v. SnappCourt of Appeals of Kentucky · 1888
- Honaker v. CecilCourt of Appeals of Kentucky · 1886
- Hill v. LancasterCourt of Appeals of Kentucky · 1889
- Turner v. GillCourt of Appeals of Kentucky · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Davis v. Tuggle's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1944
- Bitzer v. MerckeCourt of Appeals of Kentucky · 1901
- Wren v. CookseyCourt of Appeals of Kentucky · 1913
- Eversole & Wife v. First National BankCourt of Appeals of Kentucky · 1910
- Smith v. DeckerCourt of Appeals of Kentucky · 1964
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