118 Ky. 43 | Ky. Ct. App. | 1904
Opinion op the court by
AmrRMiNe.
R. G. Hill was the owner of a lot and improvements thereon, situated in Owensboro, Ky., which he conveyed by deed absolute upon its face for the recited consideration of $3,000 cash in hand paid to J. R. Tennelly
The question arising upon the face of the record is one purely of law. The levy of the officer, so far as this case is concerned, is as follows: “Levied this execution, No. 1,673, Book 20, . . upon equity of redemption, in a certain house and lot on the south side of Main street between Frederica and St. Elizabeth .streets, and fronting 40 ft. thereon, and running back southwardly 42 feet, and bounded on the east by the Deposit Bank; on the south by the property of the Kirk heirs; on the west by an alley, and on the north by Main streét. Levied on as the property of R. G-. Hill. . . . Above-named property, the store or saloon building on Main street, was conveyed to J. R. Lancaster and J. R. Tennelly on the 14th day of February, 1902, at $3,000.00, and Hill reserved the right to redeem same within two years. It is this right of redemption that is now levied on. This 27th day of August, 1902,” No question is made as to the regularity of the proceedings leading up to the execution sale, except as to the levy; .it being contended by appellant that the levy of the officer was void because he describes the. interest of the execution debtor as an equity of redemption, and that an equity of redemption is not subject to execution; that, therefore, the levy was void, and all subsequent proceedings thereunder of no avail. This is the sole objection urged by appellant. This • contention is' in the very teeth of the statutes. Section 1684, Ky. St., 1903, provides that, if property sold at execution sale does not realize two-thirds of its appraised value, the execution debtor and his representatives shall have one year in which
For the reasons indicated the judgment is affirmed.
Petition for rehearing by appellants overruled.