Peoples' Bank of Madison v. Deweese

Court of Appeals of Kentucky

Peoples' Bank of Madison v. Deweese

144 Ky. 172

DecidedJuly 1, 1911

StatusPublished

This text of 144 Ky. 172 (Peoples' Bank of Madison v. Deweese) 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

Peoples' Bank of Madison v. Deweese, 144 Ky. 172 (Ky. Ct. App. 1911).

Pincite

Opinion

In response to the Petition for Rehearing we hold:

First: That the levy of the execution did not create a lien as the legal title to the land levied on was not in the execution defendant. The remedy of the judgment creditor was to have an execution returned “No property found”, and proceed under section 439 of the Civil Code.

Second: That the effect of the judgment appealed from was to dismiss the action.

Petition for rehearing overruled.

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In response to the Petition for Rehearing we hold:

First: That the levy of the execution did not create a lien as the legal title to the land levied on was not in the execution defendant. The remedy of the judgment creditor was to have an execution returned “No property found”, and proceed under section 439 of the Civil Code.

Second: That the effect of the judgment appealed from was to dismiss the action.

Petition for rehearing overruled.

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Bluebook (online)

144 Ky. 172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peoples-bank-of-madison-v-deweese-kyctapp-1911.