426.320 Sales invalid if made by fraud or collusion -- Proceedings to set aside --

133 words·~1 min read·/ky/426-320

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

When lien not affected.

(1)Sales made under execution by fraud or collusion may be set aside, in the court

where the execution issued, on the motion of any person aggrieved or by petition in

equity. If by motion, the proceeding must be commenced within one year from the

sale. The parties affected by the motion shall have ten days' notice in writing, setting

forth the grounds relied on for invalidating the sale.

(2)Whenever a sale under execution is quashed, vacated or set aside, for any cause not

affecting the validity of the execution, the lien created by the execution or the levy

shall not be destroyed or affected but shall remain in full force and effect, and a writ

as provided in KRS 426.440 may be issued and the property sold.