Kentucky Statutes 372.070 – Sale of land adversely held — Subjection to claims of judgment creditor
Current as of: 2024 | Check for updates
|
Other versions
(1) Any sale or conveyance, including those made under execution, of any land, or the pretended right or title thereto, of which any other person has adverse possession at the time of the sale or conveyance, is void; but this section does not render void any devise of land in adverse possession.
(2) A judgment creditor, after a return on the execution of no property found, may file a petition in equity to subject any real estate to which the defendant has legal or equitable title even if the property is in the adverse possession of another. The person in possession shall be made a defendant in any such action.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. sec. 210.
(2) A judgment creditor, after a return on the execution of no property found, may file a petition in equity to subject any real estate to which the defendant has legal or equitable title even if the property is in the adverse possession of another. The person in possession shall be made a defendant in any such action.
Terms Used In Kentucky Statutes 372.070
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Devise: To gift property by will.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- real estate: includes lands, tenements, and hereditaments and all rights thereto and interest therein, other than a chattel interest. 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. 210.