Yeager v. Groves
Court of Appeals of Kentucky
Case 58—EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. The process is a continuous direction to the marshal, beginning with a summons and ending with the order of attachment. It is one instrument. (Civil Code, sec. 732.) 2. Appellant was not bound to accept the tender of the money by appellee. It was not the amount due to appellant. (Ray v. Lawrence, 8. Dana, 81; Gen. Slat., 255.) 3. The chancellor erred in adjudging costs against appellant.
1Opinion of the Court
JUDGE COFER
delivered the opinion of the court.
Elisha Bowman owned a tract of land on which the appellant had a lien. The appellant also had an unsatisfied judgment against Bowman, on which he had a return of nulla bona.
September 8, 1876, appellant brought suit in equity b> enforce satisfaction of his judgment, and caused an order of attachment to issue, which was placed in the hands of the sheriff on that day, and was, on the 12th day of same, month, levied on the land on which his lien existed.
September 26 Bowman conveyed the land to the appellee,. Groves, who paid the consideration in full.
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2Cited by8 opinions
- Prewitt v. CaudillCourt of Appeals of Kentucky (pre-1976) · 1933
- Commonwealth v. Illinois Central RailroadCourt of Appeals of Kentucky · 1914
- Miller Creek Railroad v. BarnettCourt of Appeals of Kentucky · 1914
- Northern Bank v. Hunt's HeirsCourt of Appeals of Kentucky · 1892
- Meyers v. SaltryCourt of Appeals of Kentucky · 1915
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