Robinson v. Carlton
Court of Appeals of Kentucky
Case 5.). — ACTION BY MARION ROBINSON AGAINST JOHN M. CARLTON AND OTHERS FOR AN INJUNCTION RESTRAINING THEM FROM SELLING HIS LAND UNDER A VOID JUDGMENT. — Appeal from Grant Circuit Court. John M. Lassing, Circuit Judge. From a judgment dismissing Plaintiff’s petition on demurrer lie appeals. On demurrer the allegations of the petition must be taken as true and it is submitted that the line of cases cited with approval in the case of (Jacobson &c. v. Wernert, 19 Ky.
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Case 5.). — ACTION BY MARION ROBINSON AGAINST JOHN M. CARLTON AND OTHERS FOR AN INJUNCTION RESTRAINING THEM FROM SELLING HIS LAND UNDER A VOID JUDGMENT. — Appeal from Grant Circuit Court. John M. Lassing, Circuit Judge. From a judgment dismissing Plaintiff’s petition on demurrer lie appeals. On demurrer the allegations of the petition must be taken as true and it is submitted that the line of cases cited with approval in the case of (Jacobson &c. v. Wernert, 19 Ky. Law Rep., 663) has no application to the case at bar, but that the law governing the case at bar is found and fully set out in…
1Opinion of the Court
Opinion by
Judge Settle
Reversing.
This equitable action was instituted by appellant to prevent, by injunction, the sale of his land under an execution for a small amount in favor of appellee, John' M. Carlton, which was levied on the land by the appellee, W. H. Barker, sheriff of Grant county. It appears that judgment was obtained by appellee, Carlton, in the court of F. M. Blackburn, a justice of the peace of Grant county, against one Marion Robinson, for the amount named in the execution. An execution was issued from the magistrate’s court on this judgment, and was returned “No property…
2Cases cited5 opinions
- Neeters v. ClementsCourt of Appeals of Kentucky · 1876
- C., O. & S. W. R. R. v. ReasorCourt of Appeals of Kentucky · 1886
- Davis v. DavisCourt of Appeals of Kentucky · 1874
- Kelly v. KellyCourt of Appeals of Kentucky · 1866
- Mallory v. Dauber's Ex'rCourt of Appeals of Kentucky · 1885
3Cited by19 opinions
- Logsdon v. LogsdonCourt of Appeals of Kentucky · 1924
- Ewell v. JacksonCourt of Appeals of Kentucky · 1908
- Carpenter v. MoorelockCourt of Appeals of Kentucky · 1913
- Louisville & Nashville R. R. v. Woodford & IrelandCourt of Appeals of Kentucky · 1913
- Hoffman v. ShueyCourt of Appeals of Kentucky (pre-1976) · 1928
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