Kercheval v. Ambler, 34 Ky. 166 (1836)

Citation: Kercheval v. Ambler, 34 Ky. 166 (1836)
Parent Document: Kercheval v. Ambler, 34 Ky. 166 (1836)
Jurisdiction: Kentucky (state)
Effective Date: 1836-06-09
Original Source: https://www.courtlistener.com/opinion/7459288/kercheval-v-ambler/ ↗

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*171Can a defendant in an action of detinue for a slave, resist the specific enforcement of the judgment hy execution, by having hired the slave, between judgment and execution, from a stranger, who may even have had a title better than that of the successful plaintiff in the action? Or can the fact, that the stranger had obtained a judgment against him for the same slave, and thereby procured a momentary possession, alter the law of the case? It seems to us that it could not; and that the defendant being in the possession of the slave when the sheriff comes to enforce the other judgment, it is the dqty of the sheriff to deliver the possession in obedience to the command of the writ; and that the law wopld not decide between the two claimants, under the different judgments, until their conflicting rights should, in some legal mode, be litigated as between themselves. So in this case, for the like reasons.

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