KRS 426.340

Duty of officer in advertising sale under execution -- Returning equitable writ -- Defense

Applied in 3 court decisions — leading case W. E. Stephens Manufacturing Co. v. Miller (1968)

Most recently applied in Nesler v. Hailey (May 1995)

Effective: October 1, 1942 History: Recodified 1942 Ky

How often courts cite this section

citing decisions per year

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) No officer shall delay advertising property for sale, taken by him under execution, for more than twenty days after the levy.

(2) No officer shall fail to return by the return day thereof any writ of execution or attachment for not performing a judgment in chancery or equity which is placed in his hands to execute.

(3) It shall be no defense to an action or motion against a collecting officer for failure of duty of himself or deputy that the plaintiff directed the officer to delay or in any way stay proceedings thereon unless the defense is supported by the written consent or request of the plaintiff or his agent or attorney.

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