Mallory v. Dauber's Ex'r
Court of Appeals of Kentucky
• Case 35 — PETITION EQUITY — APPEAL PROM LOUISVILLE CHANCERY COURT. 1. The judgment should have perpetuated the injunction, without sale or further order, because the execution was not levied subject to ■ the incumbrances, as it should have been levied. (Act of 1828, 1 Stat. Laws, 653; 1 Bev.
Read the full summary
• Case 35 — PETITION EQUITY — APPEAL PROM LOUISVILLE CHANCERY COURT. 1. The judgment should have perpetuated the injunction, without sale or further order, because the execution was not levied subject to ■ the incumbrances, as it should have been levied. (Act of 1828, 1 Stat. Laws, 653; 1 Bev. Stats., page 327; General Statutes, pages 256, 435; Eorost v. Phillips, 2 Met., 197; Campbell v. Woolridge, 6 Bush, 324; Atkins v. Emerson, 10 Bush, 12.) '2. If a sale is made appellant is entitled to the full benefit of the liens released to him, and not merely to the extent of the amount paid by him…
1Opinion of the Court
JUDGB PRYOR
delivered the opinion of the court.
L. S. Hardin, for the purpose of securing several of. his creditors, executed to them a mortgage on his real ■estate in the county of Jefferson, the mortgage debts •amounting to near $15,000.
The appellee, a judgment creditor, had an execution issued on his judgment, and while in full force placed it in the hands of .the sheriff of Jefferson county.
The appellant, Mallory, after the execution came to the officer’s hands, by some arrangement with the mortgagees and the debtor, purchased the realty for six thousand dollars, the mortgagees releasing…
2Cited by3 opinions
- Faulk v. CallowaySupreme Court of Alabama · 1898
- Robinson v. CarltonCourt of Appeals of Kentucky · 1906
- In re RandolphDistrict Court, N.D. West Virginia · 1911