If, upon the trial of the motion provided for in KRS § 426.260, it appears that the defendant had no title to the land sold under execution, the court may set the sale aside, quash the return of the officer, and award execution for the debt as if no sale had been made. If the land sold had been given up by the defendant to the officer for levy and sale and the sale is set aside, the court shall render judgment against the defendant for ten percent damages upon the amount of the execution, including interest and cost.
Effective: October 1, 1942

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Terms Used In Kentucky Statutes 426.270

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. sec. 1690.