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McDowell v. Coleman

11 Ky. Op. 152, 2 Ky. L. Rptr. 389, 1881 Ky. LEXIS 200
CourtCourt of Appeals of Kentucky
DecidedApril 20, 1881
StatusPublished

This text of 11 Ky. Op. 152 (McDowell v. Coleman) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McDowell v. Coleman, 11 Ky. Op. 152, 2 Ky. L. Rptr. 389, 1881 Ky. LEXIS 200 (Ky. Ct. App. 1881).

Opinion

Opinion by

Judge Hines:

The property levied upon in this case was real estate (Clore v. Lambert, 78 Ky. 224), and could not therefore be reached by exe[153]*153cution from the police court. No lien was created by the levy of the execution; there was no consideration for the bond of indemnity; there was no authority to accept a bond of indemnity in case of levy on real estate. For that reason and for the reason that the execution could not reach real estate, the bond was a nullity, and the court properly instructed the jury to find for the defendant.

G. W. Duvall, for appellant.

Judgment affirmed.

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Related

Clore v. Lambert
78 Ky. 224 (Court of Appeals of Kentucky, 1879)

Cite This Page — Counsel Stack

Bluebook (online)
11 Ky. Op. 152, 2 Ky. L. Rptr. 389, 1881 Ky. LEXIS 200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdowell-v-coleman-kyctapp-1881.