United States v. Hogg

Citations

• 111 F. 292
• 1901 U.S. Dist. LEXIS 76

Syllabus

<p>Executions—Validity of Sale after Return Day—Kentucky Statute.</p> <p>The Kentucky statute of 1828, relating to executions (Morehead & B. St. p. 638), provided that “the officer may at any time before he returns the original execution sell any property taken by him in virtue of said execution, if the same shall have been levied upon before the expiration of the return day of the same, notwithstanding such return day may have expired before the day of sale.” This provision was substantially carried into all subsequent revisions of the statutes, except . that the words “the expiration of” were omitted. Held that, in view of the general rule of law that the life of a'n execution continues during the return day, and that a levy may be made thereunder during such day, which rule is not abrogated by the statute, it cannot be supposed to have been the intention of the legislature, by the omission of such worus, to prohibit a sale after the return day, under a levy made on that day, while permitting such sale if levy was made on any other day during the life of the writ, but that such words must be deemed to have been omitted as unnecessary, and the statute construed the same as though they had been retained.</p>