Gray's Adm'r v. Patton's Adm'r
Court of Appeals of Kentucky
Case 12 — PETITION EQUITY APPEAL PROM BOYD CIRCUIT COURT. 1. The direction to the sheriff not to levy the attachment, given by the plaintiffs’ attorney, was a waiver of any lien created 'by the attachment while in the hands of the sheriff, and subject to the direction not to levy (Deposit Bank of Cynthiana v. Berry’s adm’r, 2 Bush, 236); and therefore the lien created by the mortgage to appellants, ete., while the attachment was thus held, was superior to that created by the…
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Case 12 — PETITION EQUITY APPEAL PROM BOYD CIRCUIT COURT. 1. The direction to the sheriff not to levy the attachment, given by the plaintiffs’ attorney, was a waiver of any lien created 'by the attachment while in the hands of the sheriff, and subject to the direction not to levy (Deposit Bank of Cynthiana v. Berry’s adm’r, 2 Bush, 236); and therefore the lien created by the mortgage to appellants, ete., while the attachment was thus held, was superior to that created by the subsequent levy of the attachment. 2. The levy of the attachment did not create any lien on the land, because the levy…
1Opinion of the CourtChief Justice Lindsay
The order of attachment sued out by appellees was placed in the hands of the sheriff, and that fact indorsed on it by him on the 3d day of August, 1860, but the attorney who delivered it to the officer instructed him that he was not to levy it until he (the attorney) told him so to do. Appellants’ mortgage was duly executed, acknowledged, and lodged for record on the 4th day of October, 1860, and two days thereafter the order of attachment Avas levied on the mortgaged property. The question here involved is, whether the attachment or mortgage lien is superior?
Section 233, Myers’s CíaúI Code…
2Cited by2 opinions
- Hood v. PopeCourt of Appeals of Kentucky (pre-1976) · 1930
- Gray's Exrs. v. Patton's Admr.Court of Appeals of Kentucky · 1881