KRS 426.120

Defendant's estate bound by execution from receipt by officer -- Time received to be noted -- Priority -- Apportionment

Applied in 7 court decisions — leading case W. E. Stephens Manufacturing Co. v. Miller (1968)

Most recently applied in United States v. Capital Across America, L.P. (March 2010)

Effective: October 1, 1942 History: Recodified 1942 Ky

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Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) An execution against property shall bind the estate of the defendant only from the time of its delivery to the proper officer to execute. The officer to whom the execution is delivered shall, on receipt of it, endorse thereon the day, month, year and time of day of its receipt by him.

(2) If two or more executions are delivered to the officer on the same day against the same person, he shall satisfy that one first which first comes into his hands.

(3) If two or more executions come to an officer's hands at the same time and he is unable to make the amounts thereof, he shall apportion the sum made among the several executions so coming to his hands according to their amounts.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.