Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 130
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 edition. Excerpt: ...money with interest at 10 per cent. from date of sale until paid, subject to the prior incumbrances; and, if the defendant does not redeem the property, the lien may be enforced in a court of equity. Subsection 4 of that section is as follows: ', 'The purchaser of incumbered movable property must, before possession thereof is delivered to him, give an obligation, with good surety, payable to the incumbrancer and the owner, stipulating that-the property shall not be removed out of the county, and shall be preserved and forthcoming, unavoidable accidents excepted, to answer the incumbrance, and for redemption, and deliver the obligation to the otficer, to be returned with the execution." The sheriff did not levy on the corn subject to the mortgage, he did not so sell it, and he did not take bond from the purchaser as required by the statute. He is therefore liable to the defendant Davis, the defendant in the execution, for the damages which Davis may have sustained by reason of his failure to comply with the statute, and he is also liable to Crump for any damages he may have sustained thereby. On the return of the case to the circuit court, the plaintiffs will make Dunn, the purchaser, a party to these actions, that the entire matter may be settled here. As Dunn took and converted the corn when he had no right to it, except a lien on it, he is answerable for its fair value at the time of the conversion less the amount of his bid; and, if he does not pay, the sheriff will be answerable for the reason that he failed to take the bond required by law. It is insisted for Mrs. Gott that she is not liable, as she h-ad nothing to do with the transaction. It appears from the uncontradicted proof that Davis went to see Mrs. Gott, and...
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- 13 Sep 2013
- Illustrations, black and white