Murphy v. Cochran's trustee
Court of Appeals of Kentucky
Case 44 — EQUITY APPEAL FROM GRAVES • CIRCUIT COURT. 1. No lien was created upon the.property in controversy by this suit, attachment, &c. The judgment is error in declaring that such a lien existed, and in subjecting the property to sale. 2. It was error to refuse appellant the right to file his petition to be made a party claiming the property. No brief for appellee.
1Opinion of the Court
JUDGE HINES
delivered in opinion of the court.
In an action on a return of “no property,” where the proceeding is to subject property specifically described, no attachment levy is necessary to give a lien as against the defendant in the action. The lien is an incident to such a proceeding in equity, and independent of the Code. Section 442 of the Code was not intended to interfere with such liens, but to enlarge the .power of a court of equity in the subjection of property to the satisfaction of an ascertained debt where a proceeding for discovery is necessary. In such case a general attachment…
2Cited by7 opinions
- Le Moyne v. AndersonCourt of Appeals of Kentucky · 1906
- Wade v. Poma Glass & Specialty Windows, Inc.Kentucky Supreme Court · 2012
- Smith v. JonesCourt of Appeals of Kentucky (pre-1976) · 1928
- Herrell v. Davenport'sCourt of Appeals of Kentucky (pre-1976) · 1935
- Wilkerson v. PhillipsCourt of Appeals of Kentucky · 1904
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