94 Ky. 384 | Ky. Ct. App. | 1893
delivered the opinion of the court.
John A. Pendergest died testate. By the terms of his will his wife gets all his property during life or widowhood, remainder to his son; but in case he should die before his mother, and without issue, then she gets the estate absolutely! The testator’s estate devised consisted of a house and lot in the town of Falmouth, not worth exceeding one thousand* dollars. After the death of the testator the widow contracted some debts to the appellees Heekin & Hill, upon which they obtained judgment in the Pendleton Circuit Court. Executions were obtained thereon, and levied upon the house and lot devised. This suit was brought to set aside the levies, and an injrinction to prevent the sale until the court could act was obtained. The executions were levied upon the idea that the
It is, however, arged that as there was a motion to dissolve the injunction, and as it was dissolved, the appellant’s remedy was to apply to have the injunction reinstated, and the remedy can not be reached by apioeal But the facts stated in the petition and amended petition show that the appellants were entitled to have the levy of the executions upon the house and lot quashed, which the court ought to have done; but, instead, it dismissed the petition, and both the dismissal and the dissolution occur in the same judg