Grigsby v. Barr
Court of Appeals of Kentucky
Case 35 — PETITION EQUITY APPEAL FROM MEADE CIRCUIT COURT. 1. When the petition describes the land of a non-resident, sets up a debt against him, and prays a sale of the land to satisfy his debt, it is a proceeding in rem, and the court has jurisdiction to adjudge the sale of the land without summons, appearance, or attachment.
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Case 35 — PETITION EQUITY APPEAL FROM MEADE CIRCUIT COURT. 1. When the petition describes the land of a non-resident, sets up a debt against him, and prays a sale of the land to satisfy his debt, it is a proceeding in rem, and the court has jurisdiction to adjudge the sale of the land without summons, appearance, or attachment. (Rorer on Judicial Sales, secs. 77, 466; 4 Wend. 463 ; 4 Ind. 468; 9 Texas, 504; 4 Iowa, 77; 1 Peters, 340 ; 41 Ala. 26; Benningfield v..Beed, 8 B. Mon. 105; Grignon v. Astor, 2 How. 319.) 2. The Code does not make an attachment necessary or provide that an attachment…
1Opinion of the Court
JUDGE HINES
delivered the opinion oe the court.
On the 25th of January, 1861, Wm. R. Grigsby instituted suit against appellees in the Meade Circuit Court to recover the sum of $100 for services, as an attorney, alleged to have been performed for appellees. The petition alleged that appellees were non-residents of Kentucky, the .owners of a certain tract of land in Meade County, and asked for an attachment to be levied on the land and for a sale of a sufficient amount thereof to pay his debt. A warning-order was made, but no attachment was ever issued or served on the land. The court on April…
2Cases cited2 opinions
- Brownfield v. DyerCourt of Appeals of Kentucky · 1870
- Peters v. ConwayCourt of Appeals of Kentucky · 1868
3Cited by14 opinions
- Baker v. Baker, Eccles & Co.Court of Appeals of Kentucky · 1915
- Carpenter v. MoorelockCourt of Appeals of Kentucky · 1913
- Webb v. Webb's GuardianCourt of Appeals of Kentucky · 1917
- Herrick v. WillsCourt of Appeals of Kentucky (pre-1976) · 1960
- Bond v. WheelerCourt of Appeals of Kentucky · 1923
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