Legal Opinion

Wilson v. Flanders

Court of Appeals of Kentucky

Decided January 14, 1903PublishedCited by 3 opinions

Case 58. — Action by W. E. Flanders, &c. v. Johnson Wilson, &c., to. Recover Land Sold Under Execution. — Jan. 14. APPEAL FROM BATH CIRCUIT COURT. Judgment Denying Defendants’ Motion to File Answer and Awarding Plaintiff Possession of the Land and Defendants Appeal.

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Case 58. — Action by W. E. Flanders, &c. v. Johnson Wilson, &c., to. Recover Land Sold Under Execution. — Jan. 14. APPEAL FROM BATH CIRCUIT COURT. Judgment Denying Defendants’ Motion to File Answer and Awarding Plaintiff Possession of the Land and Defendants Appeal. POINTS' AND AUTHORITIES. 1. The purchaser at execution sale of encumbered real estate, who only acquired a lien thereon under section 1709, Kentucky Statutes, is not entitled to- possession thereof after the- notice required by section 1689, Kentucky Statutes; but inasmuch as he only has a lien, and a subsidiary lien at that, his…

1Opinion of the Court

Opinion of the cottbt by

JUDGE SETTLE

— Reversing.

Appellees, W. B. Flanders and others, judgment creditors of the appellant Johnson Wilson, caused executions to be levied on 11 acres of land in Bath county of which he was *536the owner. On April 10, 1899, it was sold by the sheriff, and appellees became the purchasers. After procuring of the sheriff a deed of conveyance to the land, appellee gave .appellants written notice, as provided in section 1689, Kentucky Statutes, that they would on February 23, 1900, enter motion in the Bath circuit court for judgment for the possession thereof, which…

2Cases cited1 opinion

  1. Atkins v. EmisonCourt of Appeals of Kentucky · 1873

3Cited by3 opinions

  1. Due v. BankhardtCourt of Appeals of Kentucky · 1913
  2. Whitaker v. HolcombCourt of Appeals of Kentucky (pre-1976) · 1925
  3. Garrard v. HibbardCourt of Appeals of Kentucky · 1913

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