Kentucky Statutes 426.320 – Sales invalid if made by fraud or collusion — Proceedings to set aside — When lien not affected
Current as of: 2024 | Check for updates
|
Other versions
(1) Sales made under execution by fraud or collusion may be set aside, in the court where the execution issued, on the motion of any person aggrieved or by petition in equity. If by motion, the proceeding must be commenced within one year from the sale. The parties affected by the motion shall have ten days’ notice in writing, setting forth the grounds relied on for invalidating the sale.
(2) Whenever a sale under execution is quashed, vacated or set aside, for any cause not affecting the validity of the execution, the lien created by the execution or the levy shall not be destroyed or affected but shall remain in full force and effect, and a writ as provided in KRS § 426.440 may be issued and the property sold.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. sec. 1710.
(2) Whenever a sale under execution is quashed, vacated or set aside, for any cause not affecting the validity of the execution, the lien created by the execution or the levy shall not be destroyed or affected but shall remain in full force and effect, and a writ as provided in KRS § 426.440 may be issued and the property sold.
Terms Used In Kentucky Statutes 426.320
- Fraud: Intentional deception resulting in injury to another.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Year: means calendar year. See Kentucky Statutes 446.010
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. sec. 1710.