Legal Opinion

Greer v. Wintersmith

Court of Appeals of Kentucky

Decided April 30, 1887PublishedCited by 11 opinions

"Case 64 — PETITION ORDINARY (Transferred to Equity)— APPEAL FROM HARDIN CIRCUIT COURT. 1. By giving up the land to the sheriff to sell, by written indorsement on tlie execution, tlio defendant conferred power upon liim to make tlie sale without a levy. (Bev.

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"Case 64 — PETITION ORDINARY (Transferred to Equity)— APPEAL FROM HARDIN CIRCUIT COURT. 1. By giving up the land to the sheriff to sell, by written indorsement on tlie execution, tlio defendant conferred power upon liim to make tlie sale without a levy. (Bev. Stats., eliap. 36, art. 14, sec. 4; Gen. Slats., chap 38, art. 13, sec. 3.) 2. Even if a levy was necessary to authorize the sheriff to sell, the court must presume from the facts appearing in this record that a levy was actually made. '(Evans v. Davis, 8 B. M., 346.) I. Tlie failure of the sheriff to state in his return what the land…

1Opinion of the Court

JUDGE BENNETT

delivered the opinion of the court.

Charlton. X>. Shean was the owner and in the possession of two tracts of land in TIardin county, Kentucky, one- known as the Pearman tract, situated on the old road about one mile from West Point, containing about one hundred and thirty acres; the other known as the Carrico tract, situated on the turnpike about four and a half miles from West Point. About one hundred acres of this tract were on the west side of the turnpike.

While an execution, which issued from the Hardin circuit court against Charlton X>. Shean, was in the hands of the sheriff…

2Cases cited3 opinions

  1. Million v. RileyCourt of Appeals of Kentucky · 1833
  2. Hopkins v. PaxtonCourt of Appeals of Kentucky · 1836
  3. Cardwell v. Sprigg's heirsCourt of Appeals of Kentucky · 1840

3Cited by11 opinions

  1. Kentucky Union Company v. HevnerCourt of Appeals of Kentucky (pre-1976) · 1924
  2. Middlesboro Waterworks v. NealCourt of Appeals of Kentucky · 1899
  3. Abbott v. PerkinsonCourt of Appeals of Kentucky · 1911
  4. Warner v. WickizerSupreme Court of Oklahoma · 1916
  5. McGuire v. GarrettCourt of Appeals of Kentucky · 1925

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