Bondurant v. Owens
Court of Appeals of Kentucky
CASE 93 — PETITION ORDINARY APPEAL FROM FULTON COMMON PLEAS COURT. CITED— Civil Code, see. 125. 15 B. Mon., 604-5; Petty vs. Malier. 15 B. Mon., 73; Smith vs. Moberly. Revised Statutes, sec. 1, art. 15, chap. 36. 2 Bibb, 94 ; Allen vs. Sanders.
1Opinion of the CourtChief Justice Williams
delivered the opinio» of the oodrt:
This whole case proceeded on the mistaken theory that it was governed by section 1, article 15, chapter 36, 1 Stanton’s Revised Statutes, 488, which is as follows: “Where the defendant in an execution shall have owned the legal title in any real or personal estate, and have created a bona fide encumbrance thereon, by mortgage, deed of trust, or otherwise, before an execution has created a lien on the same, the interest of the defendant in such property may be levied on and sold subject to such encumbrance. 1. The purchaser at the sale shall acquire a lien on…
2Cited by5 opinions
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