Spicer v. Seale
Court of Appeals of Kentucky
Case 27 — ACTION TO CANCEL DEED AND RECOVER LAND— APPEAL PROM OWSLEY CIRCUIT COURT. 1. The appellee Seale by the attachment against Chambers did not acquire any greater interest in the land in contest than the de- • fendant Chambers, at the time the attachment issued, and was placed in the hands of the sheriff, had. That interest was only an equity.
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Case 27 — ACTION TO CANCEL DEED AND RECOVER LAND— APPEAL PROM OWSLEY CIRCUIT COURT. 1. The appellee Seale by the attachment against Chambers did not acquire any greater interest in the land in contest than the de- • fendant Chambers, at the time the attachment issued, and was placed in the hands of the sheriff, had. That interest was only an equity. The .plaintiffs who were in possession with a title to the land not from G. D. Chambers only but from Pleasant Wilson, the title-holder, were not before the court when the order of sale was made in June, 1879 — their ancestor G. W. Spicer having…
1Opinion of the Court
JUDGE WHITE
delivered the opinion of the court.
In 1863, appellee, J. W. Seale, sued one Chambers in the Owsley circuit court for damages,, claiming $2,000. To .secure any judgment, as well as to obtain jurisdiction, an attachment was obtained and levied on a tract of land in Owsley county. After the levy of this attachment, and before a trial of any kind was had of the action, G-. W. Spicer, ancestor of these appellants, bought the land, and took a deed of general warranty from Chambers and one Wilson. Chambers entered his appearance to the action of Seale, and controverted the grounds of…
2Cases cited2 opinions
- Yocum v. ForemanCourt of Appeals of Kentucky · 1879
- Baker v. BakerCourt of Appeals of Kentucky · 1888
3Cited by1 opinion
- Blake v. WolfeCourt of Appeals of Kentucky · 1901