Vallandingham v. Worthington & Co.
Court of Appeals of Kentucky
Case 16 — PETITION EQUITY APPEAL FROM GRANT CIRCUIT COURT. I. The surrender by appellant of his land was not made at a time nor in the manner authorized by law in such cases. (Gen Stats., chap. 38, art. 12, sec. 7.) If a defendant wishes to give up land to satisfy an execution the sheriff should require evidence of title; if not exhibited, he is not bound to levy on the land.
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Case 16 — PETITION EQUITY APPEAL FROM GRANT CIRCUIT COURT. I. The surrender by appellant of his land was not made at a time nor in the manner authorized by law in such cases. (Gen Stats., chap. 38, art. 12, sec. 7.) If a defendant wishes to give up land to satisfy an execution the sheriff should require evidence of title; if not exhibited, he is not bound to levy on the land. (Wolford v. Phelps, 2 J. J. Mar., 33.) 2. A sale of land under execution without advertising as directed in the statute, even though the defendant may have consented to it, is not a valid sale. (Gen. Stats., chap. 38,…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
A portion of the land of the appellant, Lewis Tallan dingham, was sold under execution in favor of the appellees, Worthington & Co., and purchased by them at less than two-thirds of its real value.
The debtor, by writing signed by him, both surrendered it to the officer for levy, under the execution, and directed its sale without advertisement. He now resists its recovery in this action of ejectment, because he did not direct the sheriff to levy upon one of his several tracts of land; because he did not produce to him any title papers to the land…
2Cases cited2 opinions
- Lawrence v. EdelenCourt of Appeals of Kentucky · 1869
- Reid v. HeasleyCourt of Appeals of Kentucky · 1840
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