Hays v. Griffith
Court of Appeals of Kentucky
Case 51 — PETITION EQUITY APPEAL PROM MASON CIRCUIT COURT. 1. Where the property of the defendant is sold'under a judgment which is subsequently reversed, he is entitled to restitution of the proceeds of the sale, and not the value of the thing sold.
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Case 51 — PETITION EQUITY APPEAL PROM MASON CIRCUIT COURT. 1. Where the property of the defendant is sold'under a judgment which is subsequently reversed, he is entitled to restitution of the proceeds of the sale, and not the value of the thing sold. (Backhurst v. Mayo, Dyer, 363a; 2 Bacon’s Abr., 740; Yolverton, 179; Kennedy v. Duck-lee, 1 Gray (Mass.), 65; Bickerstaff v. Dillinger, 1 Murphy (N. C.), 272; Bryant v. Fairfield, 51 Me., 149 ; Gay v. Smith, 38 N. H., 171; Field v. Anderson (111.), 14 Law Rep., 490; Freeman on Executions, ¡sec. 346; Eames v. Stevens, 26 N. H., 117; Trow v.…
1Opinion of the Court
CHIBE JUSTICE PRYOR
delivered the opinion of the court
The appellee, Mary Griffith, owned the one-half of a tract of land in the county of Mason, and some personal estate, and while the owner of this property she executed a ’ mortgage on her interest in the land in conjunction with her brother, who owned the remaining half, to' one Riley, to secure him in the payment of two notes for borrowed money upon which she was bound either jointly with, or as the surety for, her brother.
*378The present appellants, or some of them, who were the creditors of the brother and also of the appellee, filed a suit…
2Cases cited2 opinions
- The BANK OF THE UNITED STATES v. the Bank of WashingtonSupreme Court of the United States · 1832
- Reynolds v. HosmerCalifornia Supreme Court · 1873
3Cited by8 opinions
- Bridges v. McAlisterCourt of Appeals of Kentucky · 1899
- City of Houston v. WalshCourt of Appeals of Texas · 1901
- Hess v. DeppenCourt of Appeals of Kentucky · 1907
- City of Oakland v. ButeauCalifornia Supreme Court · 1934
- Porter v. SmallOregon Supreme Court · 1912
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