Newsom & Hambleton v. Kurtz & Miller
Court of Appeals of Kentucky
Case 42 — PETITION EQUITY APPEAL FROM BRECKINRIDGE CIRCUIT COURT. No brief in record. 1. Party claiming under sheriff's deed at execution sale may show by other proof than sheriff’s return that the land was levied upon and sold. (Phillips v. Jameson, 14 B. M., 583.) 2. Sale under several executions — if one or more is valid, title of purchaser will be sustained, though one or more of the executions are void.
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Case 42 — PETITION EQUITY APPEAL FROM BRECKINRIDGE CIRCUIT COURT. No brief in record. 1. Party claiming under sheriff's deed at execution sale may show by other proof than sheriff’s return that the land was levied upon and sold. (Phillips v. Jameson, 14 B. M., 583.) 2. Sale under several executions — if one or more is valid, title of purchaser will be sustained, though one or more of the executions are void. (Rorer on Judicial Sales, secs. 711, 1021. 3. It is the policy of the law to sustain judicial sales. (Benningfield v. Reed, 8 B. M., 105; Thornton v. McGrath, 1 Duvall, 351; Dorsey v.…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion oe the court.
The lot of ground No. 9, in the town of Cloverport, Breckinridge county, Kentucky, is claimed by the appellant by virtue of a purchase from E. Fisher. On the other hand, the appellees claim it, by virtue of a purchase at execution sale, as the property of E. Fisher.
The facts relied on by the appellants as the foundation of their title are as follows: LaTIert and wife, by deed dated the fifteenth day of August, 1859, sold this lot of ground to E. Fisher. This deed was acknowledged by LaHert and wife on the twenty-first day of September, 1859 ;…
2Cited by9 opinions
- Mounts v. MountsCourt of Appeals of Kentucky · 1913
- People's Trust Co. v. DeweeseCourt of Appeals of Kentucky · 1911
- Goodin v. WilsonCourt of Appeals of Kentucky · 1903
- Torian v. CaldwellCourt of Appeals of Kentucky · 1916
- Evans v. WheelerCourt of Appeals of Kentucky (pre-1976) · 1925
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