Peoples' Bank of Madison v. Deweese

Court of Appeals of Kentucky

Peoples' Bank of Madison v. Deweese

144 Ky. 172

Court of Appeals of Kentucky·Decided July 1, 1911·Published

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.

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

Pincite

144 Ky. 172 (Peoples' Bank of Madison v. Deweese) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.