Mooar v. Covington City National Bank
Court of Appeals of Kentucky
Case 54 — MOTION APPEAL FROM KENTON CIRCUIT COURT. 1. There is no law authorizing the proceeding against the tenants of the-execution debtor, and upon their motion the notice should have been quashed. 2. The court erred in refusing appellant a trial by jury. 3. The execution issued upon the replevin bond before it was due.
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Case 54 — MOTION APPEAL FROM KENTON CIRCUIT COURT. 1. There is no law authorizing the proceeding against the tenants of the-execution debtor, and upon their motion the notice should have been quashed. 2. The court erred in refusing appellant a trial by jury. 3. The execution issued upon the replevin bond before it was due. (Bettis v. Bailey, 2 Bush, 608; Gen. Stat., chap. 21, sec. 245; Stockton v. Johnston, 6 B. M., 408; Childs v. Smith, 13 Jb., 461; White v. Crutcher, 1 Bush, 473; 11 lb., 220; 12 Jb., 402; 2 Met., 437.) 1. The notice is sufficient. It contains ever}'- allegation required. 2.…
1Opinion of the Court
JUDGE RRYOR
delivered the opinion of the court.
This was a motion under section 9 of article 12, chapter 38, General Statutes, to recover the possession by the purchaser of real property sold under an execution. On the hearing of the motion, the apppellant Mooar urged various objections to the motion.
*306'Th.e execution, by virtue of which the sale was made, ¡issued on a replevin bond. The condition of the bond is, that ‘ ‘ Mooar, the principal, and his sureties, bind themselves, three months after date, to pay the Covington City National Bank the sum of $167,” &c., dated the 28th of February,…
2Cited by11 opinions
- Fehler v. GosnellCourt of Appeals of Kentucky · 1896
- Meridian Life Insurance v. MilamCourt of Appeals of Kentucky · 1916
- Irwin v. IrwinCourt of Appeals of Kentucky · 1899
- Newton v. OgdenCourt of Appeals of Kentucky · 1907
- Commonwealth v. SheltonCourt of Appeals of Kentucky · 1896
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