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McKENZIE v. COMMONWEALTH

373 S.W.2d 595 (1963)

Harry L. McKENZIE and the Employers Liability Assurance Corporation, Ltd., Appellants, v. COMMONWEALTH of Kentucky, for the Use and Benefit of Willard HICKS, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied January 17, 1964.

Attorney(s) appearing for the Case

J. K. Wells, Paintsville, C. Kilmer Combs, Prestonsburg, for appellants.

Cassie Allen, Scott Collins, Paul Hayes, Robert Wellman, Prestonsburg, for appellees.

EARL T. OSBORNE, Special Commissioner.

This is an action by Willard Hicks against Harry L. McKenzie, former sheriff of Johnson County, Kentucky, and the Employers Liability Assurance Corporation, LTD, for the recovery of the amount of an execution and thirty percent penalty thereon plus interest. The basis of the action is the failure of the sheriff to consummate the sale of property levied on under an execution issued...

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