Legal Opinion

Hill v. Harris

Court of Appeals of Kentucky

Decided January 1, 1849PublishedCited by 2 opinions

Error to the Johnson Circuit. Execution sale.

1Opinion of the CourtChief Justice Maeshall

This was an action of trespass, quare clausum fregit, by Harris against Hill, for entering the plaintiff’s close with wagons, &c., and taking away a large number of bricks of the plaintiff. The defendant claimed as purchaser, under an execution against Harris in the hands of a Constable. And the only question presented is, whether a levy upon three thousand bricks, in a kiln containing a much larger number, without either separating the bricks levied on, or otherwise designating them, than as three thousand bricks on the lot of the defendant, is sufficient to authorize a sale, and whether a…

2Cited by2 opinions

  1. Herman Goepper & Co. v. Phoenix Brewing Co.Court of Appeals of Kentucky · 1903
  2. Osborne v. DurbinCourt of Appeals of Kentucky (pre-1976) · 1946

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