received to be noted -- Priority -- Apportionment.
(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.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. secs. 1660, 4571.
Notes of Decisions
South Bay Enter., Inc. v. Mirada Bay Petroleum, Inc., 957 S.W.2d 287 (Ky. Ct. App. 1997).
· cites it 2× “If a state law such as KRS 426.120 makes a person a lien creditor before the levy, such a person should be considered a lien creditor for § 9-301 priority purposes.”
W. E. Stephens Mfg. Co. v. Miller, 429 S.W.2d 384 (Ky. Ct. App. 1968).
“Miller’s * * fixtures and equipment and his motor vehicle * * There was no levy on merchandise, but on the judgment of the Bank the levy was “ * * * on all of the stock of merchandise, fixtures and appliances.”
McKenzie v. Commonwealth, 373 S.W.2d 595 (Ky. Ct. App. 1963).
“It does not appear that there is any creditor other than respondent, or that the trustee had not been advised of the suit, or that the bankrupt could not by giving notice to the trustee, have afforded the trustee ample opportunity to assert his rights, if there were other…”
Com. Transp. Corp. v. Robinson Grain Co., 345 F. Supp. 342 (W.D. Ky. 1972).
“Since it is undisputed that the attachment liens of John Blue and Columbiana were issued and levied on May 6, 1971, some nineteen days pri- *344 or to entry of judgment for plaintiff in the Federal Court and some six weeks prior to the actual levy on property of Robinson by the…”
Teegarden v. McKenzie, 444 S.W.2d 892 (Ky. Ct. App. 1969).
“2d 595, 600 , it was written: “Under the provisions of KRS 426.120 there was a lien created upon the property of the execution debtor at the time the execution was issued by the clerk and this lien continued so long as the execution remained alive i the hands of the sheriff.”
— Ky. Rev. Stat. § 426.120(1) — 2 cases
W. E. Stephens Mfg. Co. v. Miller, 429 S.W.2d 384 (Ky. Ct. App. 1968).
“Miller’s * * fixtures and equipment and his motor vehicle * * There was no levy on merchandise, but on the judgment of the Bank the levy was “ * * * on all of the stock of merchandise, fixtures and appliances.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.