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3 Ky. Op. 156

Harris v. Vanarsdall

Court of Appeals of Kentucky

Decided January 29, 1869

Court of Appeals of Kentucky · decided 1869-01-29

<p>Motion to Quash Sale — Consolidation.</p> <p>The consolidation of several motions to quash the same sale, for several causes, is proper.</p> <p>Sales by Sheriff Under Execution Levied by Jailer</p> <p>The sale of land by the sheriff, under an execution formerly levied by the jailer, is illegal and void.</p> <p>Same — Levy After Return Day.</p> <p>A sale made by a sheriff, upon a levy made after the return day, is void.</p>

Decided 1869-01-29

¶1Opinion of the Court by

Judge Robertson:

¶2The consolidation of the different motions for quashing the same sale for the same causes was clearly proper.

¶3On the merits there is more difficulty. The record before us presents a crude preparation hardly intelligible with judicial confidence. But it seems to authorize the deduction that the land 'was sold to satisfy three executions, one of which was levied by the jailer in April and afterwards levied in September by the sheriff who made the sale. And, on this most probable status of the case, the sale was illegal and void, because the sheriff bad no authority under the jailer’s levy, and bis own levy was after the return day of that execution, and therefore that levy and the sale *157under it were void, and consequently more land was sold than was necessary.

Thompson & Kellar, for appellant.C. A. Hardin, Durham & Jacobs, for appellee.

¶4Wherefore, on this ground, the judgment dismissing the motions was apparently erroneous, and is therefore reversed, and the cause remanded for further proceedings.

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