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7 Ky. Op. 409

Levell v. Elliott

Court of Appeals of Kentucky

Decided December 15, 1873

Court of Appeals of Kentucky · decided 1873-12-15

<p>Exemption — Sale of Exempt Property.</p> <p>Where a creditor sells property of the debtor which is exempt from sale, the creditor may be required to account for the value of the property thus sold.</p>

Decided 1873-12-15

¶1The two horses of appellee were exempt from! sale for the satisfaction of the rent. The statute is positive and leaves no room for construction.

¶2It was left with the jury to say whether the defendant in the execution had more horses than those exempt from the payment of his debts, and the verdict was that he had not.

¶3We see no great hardship in making the appellants account for the value of the horses sold. They were exempt from, sale, and the owner, having elected to sue for their value, the creditor has the purchaser’s bond with which to satisfy, at least, a part of the judgment against him.

¶4Judgment affirmed.

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