Commonwealth v. Jackson
Court of Appeals of Kentucky
Case 40—PETITION EQUITY— APPEAL PROM DAVIESS CIRCUIT COURT. CITED Revised Statutes, 2 Stanton, sec. 6, p. 269. Herman on Estoppel, secs. 43, 44, pp. 37, 38. Civil Code, secs. 485, 486, 490. Revised Statutes, chap. 86, secs. 10, 11. 8 B. Mon. 800, McBurnie v. Overstreet. 7 Kansas, 17, Burton v. Boyd. 4 Maine, 582, Rowell v. Hayden. 8 Md. 352, Harderson v. Mayor of Baltimore. 10 B. Mon. 180, Ford v. Gregory’s heirs. 16 Minn. 172, Comer v. Baldwin. 27 Penn.
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Case 40—PETITION EQUITY— APPEAL PROM DAVIESS CIRCUIT COURT. CITED Revised Statutes, 2 Stanton, sec. 6, p. 269. Herman on Estoppel, secs. 43, 44, pp. 37, 38. Civil Code, secs. 485, 486, 490. Revised Statutes, chap. 86, secs. 10, 11. 8 B. Mon. 800, McBurnie v. Overstreet. 7 Kansas, 17, Burton v. Boyd. 4 Maine, 582, Rowell v. Hayden. 8 Md. 352, Harderson v. Mayor of Baltimore. 10 B. Mon. 180, Ford v. Gregory’s heirs. 16 Minn. 172, Comer v. Baldwin. 27 Penn. St. 30, Blime v. Robinson. 20 N. H. 140, Boody v. Davis. 34 2ST. H. 10 Ind. 191. 14 B. Mon. 189, Grimes v. Redmon. 105 Mass. 560, Hawkes v.…
1Opinion of the Court
JUDGE LINDSAY
delivered the opinion oe the court.
This case differs from that of McBurnie v. Overstreet (8 B. Mon. 300) in this: here the levy was indorsed on the execution at the time it was made, and the levy, sale, and return were all made while the sheriff was in office; in Over-street’s case the levy and sale were embraced in the same return, and were both indorsed on the execution after the term of the sheriff had expired and nearly a year after the sale. The court was nevertheless of opinion that the return was prima faeie evidence of both the levy and the sale, but subject to be…
2Cases cited5 opinions
- Tuttle v. Turner, Wilson & Co.Texas Supreme Court · 1866
- Rivard v. WalkerIllinois Supreme Court · 1866
- Walker v. WalkerIllinois Supreme Court · 1866
- Ford v. Gregory's HeirsCourt of Appeals of Kentucky · 1849
- McBurnie v. OverstreetCourt of Appeals of Kentucky · 1847
3Cited by11 opinions
- Hibberd v. SmithCalifornia Supreme Court · 1885
- Alliance Milling Co. v. Eaton, Guinan & Co.Texas Supreme Court · 1894
- Green v. SkinnerCalifornia Supreme Court · 1921
- Sullivan v. SullivanCourt of Appeals of Kentucky · 1918
- Bell v. Farmers' BankCourt of Appeals of Kentucky · 1874
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