Legal Opinion

Kane v. Pilcher

Court of Appeals of Kentucky

Decided October 4, 1847PublishedCited by 6 opinions

Appear from the Louisvirre Chancery Court. Chancery. Case 156. Property levied on hy attachment, is in ths custody of tbelaw, and unden the entire control of ¿he GhaneeL.ov. —And not subject to levy and. sale under .execution : llaokley’s exeo’rs. vs Swigert, (5 B.Monioe.) The execution of a bond fot the delivery of property attached by the Chancellor, does not release it so as to make it subject to execution: Bell vs Pearr.e, (1 B. Monroe, 73-)> The Chancellor has power…

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Appear from the Louisvirre Chancery Court. Chancery. Case 156. Property levied on hy attachment, is in ths custody of tbelaw, and unden the entire control of ¿he GhaneeL.ov. —And not subject to levy and. sale under .execution : llaokley’s exeo’rs. vs Swigert, (5 B.Monioe.) The execution of a bond fot the delivery of property attached by the Chancellor, does not release it so as to make it subject to execution: Bell vs Pearr.e, (1 B. Monroe, 73-)> The Chancellor has power even-' after the ease is out of Court, to’ malte all such-orders and rules' upon the parties as may be necessary to place…

1Opinion of the Court

Jddse Simpson

delivered the opinion of the Court.

The slave Jim having been levied on by a chancery attachment, was during the continuance of that levy in 4he custody of the law, and under the entire control of She Chanceller, and could not be levied on, or sold by *652execution’, as was decided by this Court, -in the case HÍ Hackley's executor vs Swigert, (5 B. Monroe, 86.)

—And not subject to levy and. sale under .execution : llaokley’s exeo’rs. vs Swigert, (5 B.Monioe.) The execution of a bond fot the delivery of property attached by the Chancellor, does not release it so as to make it subject to…

2Cited by6 opinions

  1. Chicago & Northwestern Railway Co. v. JenkinsIllinois Supreme Court · 1882
  2. McKinney v. PurcellSupreme Court of Kansas · 1882
  3. Massie v. PaulCourt of Appeals of Kentucky (pre-1976) · 1936
  4. Read & Co. v. Sprague & McGownSupreme Court of Alabama · 1859
  5. Cheek v. AndersonTennessee Supreme Court · 1879

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