Smith v. Moreman

Court of Appeals of Kentucky

Smith v. Moreman

17 Ky. 154, 1 T.B. Mon. 154, 1824 Ky. LEXIS 176

DecidedOctober 19, 1824

StatusPublished

This text of 17 Ky. 154 (Smith v. Moreman) 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

Smith v. Moreman, 17 Ky. 154, 1 T.B. Mon. 154, 1824 Ky. LEXIS 176 (Ky. Ct. App. 1824).

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Opinions

[154]*154Opinion of the Court, by

[158]*158I. TALBOT, for Petitioners,

Ch. J. Boyce.

There isa radical defect in the proof of the complainant’s title to the land in controversy in this case. He derives his title under a purchase made at a sheriff’s sa^e ‘n virtue of an execution against the estate of the patentee; but he has failed to produce the judgment upon which the execution issued, and without a judg-[155]*155merit, the land- could not have been lawfully sold, nor could the sale confer any title; for as it is only in satisfaction of judgments.that the law subjecting lands to the payment óf debts, authorises, them to be sold, the rendition of the judgment is essentia! to support the tie of the purchaser of land under-execution, as been often adjudged by this court.

November 23. Talbot, for Smith; Wickliffe, for M-oreman, &c..

The- decree reversed with costs of both appeals against the complainants, and the-bill dismissed,-with casts.,

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[154]*154Opinion of the Court, by

[158]*158I. TALBOT, for Petitioners,

Ch. J. Boyce.

There isa radical defect in the proof of the complainant’s title to the land in controversy in this case. He derives his title under a purchase made at a sheriff’s sa^e ‘n virtue of an execution against the estate of the patentee; but he has failed to produce the judgment upon which the execution issued, and without a judg-[155]*155merit, the land- could not have been lawfully sold, nor could the sale confer any title; for as it is only in satisfaction of judgments.that the law subjecting lands to the payment óf debts, authorises, them to be sold, the rendition of the judgment is essentia! to support the tie of the purchaser of land under-execution, as been often adjudged by this court.

November 23. Talbot, for Smith; Wickliffe, for M-oreman, &c..

The- decree reversed with costs of both appeals against the complainants, and the-bill dismissed,-with casts.,

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Bluebook (online)

17 Ky. 154, 1 T.B. Mon. 154, 1824 Ky. LEXIS 176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-moreman-kyctapp-1824.