Daviess v. Myers
Court of Appeals of Kentucky
APPEAL PROM LOUISVILLE CHANCERY COURT. Chasoer-sv Case 38. Case stated. 1. Where an execution has been levied, a stay of the proceedings under it does not operate á release of the levy, but it still exists, and sale may thereafter be made; not so ■«'here the execution after levy is returned Stayed by the plaintiff.
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APPEAL PROM LOUISVILLE CHANCERY COURT. Chasoer-sv Case 38. Case stated. 1. Where an execution has been levied, a stay of the proceedings under it does not operate á release of the levy, but it still exists, and sale may thereafter be made; not so ■«'here the execution after levy is returned Stayed by the plaintiff. (4 Bibb, 338; 8 É. Monroe ,4íí.) 2. Á tenant for life lbay purchase at a salé under execution the interest of the reversioner iri slaves,, but if the debt under which the sale is made, hé a legal charge upon the reversionary interest, and an e-q'uitable charge upon the life estate,…
1Opinion of the Court
Judge Simpson
delivered the opinion of the court.
Case stated. 1. Where an execution has been levied, a stay of the proceedings under it does not operate á release of the levy, but it still exists, and sale may thereafter be made; not so ■«'here the execution after levy is returned Stayed by the plaintiff. (4 Bibb, 338; 8 É. Monroe ,4íí.)
The slaves in contest in this case belonged to the estate of J. H. Daviess, deceased. They were assigned to his widow as part of her dower in her deceased husband’s estate. A judgment having been subsequently recovered against Rowan, the executor of J. H.…
2Cases cited3 opinions
- Bowling's Heirs v. Dobyns' AdministratorsCourt of Appeals of Kentucky · 1837
- Burks v. BassCourt of Appeals of Kentucky · 1816
- Eldridge v. ChambersCourt of Appeals of Kentucky · 1848
3Cited by1 opinion
- Jordan v. SheridanCourt of Appeals of Kentucky · 1912