Cook v. Clemens
Court of Appeals of Kentucky
Case 86 — PETITION EQUITY APPEAL PROM NELSON CIRCUIT COURT. Ají execution lien on land is not lost by delay in selling, when the party seeking to subject the land knew of the lien. (2 Bush, 239; 2 Mon- . roe, 13; Nielson v. Churchill, 6 Dana, 339.) An execution lien may remain good as between the parties, but laches in enforcing it will destroy it as to others, although they 'may have notice of the levy.
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Case 86 — PETITION EQUITY APPEAL PROM NELSON CIRCUIT COURT. Ají execution lien on land is not lost by delay in selling, when the party seeking to subject the land knew of the lien. (2 Bush, 239; 2 Mon- . roe, 13; Nielson v. Churchill, 6 Dana, 339.) An execution lien may remain good as between the parties, but laches in enforcing it will destroy it as to others, although they 'may have notice of the levy. (Owens v. Patterson, 6 B. M., 491 ; 11 Bush, 241; 3 Monroe, 99; 4 Monroe, 319.)
1Opinion of the Court
JUDGE HOLT
delivered the opinion op the court.
An execution in favor of James Muir and against Irvin Miller, issued on November 8, 1880, and was levied five days thereafter- on a tract of land belonging to the latter. January 10, 1881, the appellarft, Cook, paid off: the execution to Muir’s attorney, and the latter assigned it to him. It was then returned to the office.
*567In October, 1882, the appellee, Clemens, obtained á judgment against Miller. Execution issued thereon November 8, 1882; it was levied on the twenty-first day •of the same month upon the same land; and upon the eleventh of…
2Cases cited1 opinion
- Deposit Bank v. Berry's adm'rCourt of Appeals of Kentucky · 1867
3Cited by4 opinions
- Donacher v. TaffertyCourt of Appeals of Kentucky · 1912
- Pinson v. WilliamsCourt of Appeals of Kentucky (pre-1976) · 1941
- Mullins v. StatonCourt of Appeals of Kentucky (pre-1976) · 1941
- Bailey v. BaileyCourt of Appeals of Kentucky (pre-1976) · 1941