Moore v. Simpson
Court of Appeals of Kentucky
CASE 39 — PETITION EQUITY — APPEAL PROM SIMPSON EQUITY AND CRIMINAL COURT. In 1856 Simpson purchased of Danthal a house and two lots in the town of Franklin, Simpson county, Ky., for $1,800, in three payments, executing two notes for $400 each, and one for the last payment of $1,000, and a bond for title was executed by the latter to the former, to be conveyed on payment of the purchase money. The first note was paid by Simpson.
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CASE 39 — PETITION EQUITY — APPEAL PROM SIMPSON EQUITY AND CRIMINAL COURT. In 1856 Simpson purchased of Danthal a house and two lots in the town of Franklin, Simpson county, Ky., for $1,800, in three payments, executing two notes for $400 each, and one for the last payment of $1,000, and a bond for title was executed by the latter to the former, to be conveyed on payment of the purchase money. The first note was paid by Simpson. Grider, as holder of the note for the second payment, brought an action to recover the amount and enforce a lien therefor on the two lots ; a judgment was rendered…
1Opinion of the Court
JUDGE PETERS
delivered the opinion op the court:
The only question presented by this record is, does the sale majle by the sheriff fall within the provision, and are the rights of the parties to be controlled by article 15, chapter 36, Revised Statutes, (1 vol., 488.) We think the present case is not embraced by the statute, supra, and cannot concur with the learned chancellor.
*351The sheriff of Simpson county had an execution in his hands. against appellee and Hail, his surety in the replevin bond ; appellee, in writing indorsed upon th<3 execution, deliberately signed by himself, on the 10th of…
2Cited by3 opinions
- Turner v. WatkinsSupreme Court of Arkansas · 1876
- Anderson v. BriscoeCourt of Appeals of Kentucky · 1876
- Sandford v. Farmers' BankCourt of Appeals of Kentucky · 1866