Kenton v. Ratcliffe
Court of Appeals of Kentucky
Case 47 — ACTION FOR DAMAGES FOR LEVY OF AN EXECUTION At the time the tobacco was levied on, Kenton was the owner of it. Tiedeman on Sales, sec. 87; Sweeney v. Owsley, 14 B. M., 332; Newcomb, Buchanan, &c., v. Cabell, 10 Bush, 462; Allen, &c.
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Case 47 — ACTION FOR DAMAGES FOR LEVY OF AN EXECUTION At the time the tobacco was levied on, Kenton was the owner of it. Tiedeman on Sales, sec. 87; Sweeney v. Owsley, 14 B. M., 332; Newcomb, Buchanan, &c., v. Cabell, 10 Bush, 462; Allen, &c. V. Feland, 10 B. M., 306; Com., &c., v. Stockton, 5 T. B. M., 192; Tiedeman on Sales, sec. 84; Cummins v. Griggs, &c., 2 Duv., 87. 1 The title to the tobacco did not pass to Kenton at the time of the contract of December, 1894. 2. If the title did pass, the sale was void as to the creditors, possession not accompanying the sale. Citations: Benjamin on…
1Opinion of the Court
JUDGE WHITE
delivered the opinion of the court.
This action was brought by appellant against appellee, as sheriff of Nicholas county, alleging that appellee, by his deputy, had wrongfully seized and destroyed about 8,000 pounds of tobacco, under an execution against W, T. Rogers. The answer presents a general denial of each and all the allegations, both as to the ownership of appellant, the wrongful seizure, or the destruction. Upon trial the court, at the close of appellant’s evidence, gave a peremptory instruction to the jury to find for defendant, and verdict and judgment were rendered…
2Cases cited3 opinions
- Fowler v. CommonwealthCourt of Appeals of Kentucky · 1835
- Robbins v. OldhamCourt of Appeals of Kentucky · 1863
- Cummins v. GriggsCourt of Appeals of Kentucky · 1865
3Cited by2 opinions
- In re Kentucky Book Mfg. Co.District Court, W.D. Kentucky · 1939
- First National Bank of Lexington v. BowmanCourt of Appeals of Kentucky · 1916