McDowell v. Coleman

Court of Appeals of Kentucky

McDowell v. Coleman

11 Ky. Op. 152, 2 Ky. L. Rptr. 389, 1881 Ky. LEXIS 200

Court of Appeals of Kentucky·Decided April 20, 1881·Published

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] cution 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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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] cution 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.

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

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Opinion

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