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135.120 Levy of execution on previously encumbered property -- Sale and distribution of proceeds.

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135.120 Levy of execution on previously encumbered property -- Sale and distribution of proceeds. When the property of the defendant in execution, upon a judgment against a defaulting <br>public officer, is encumbered by a previous bona fide mortgage, deed of trust or other <br>encumbrance or prior lien, the officer shall, if no other property is found upon which to <br>levy the execution, levy it upon the encumbered property and return the same. He shall <br>make return of all the facts known to him, giving the date and consideration of the <br>instrument creating the lien, to whom made, when recorded, the evidences of any prior <br>lien, and the names of the parties who claim the same. Proceedings may be instituted by <br>the sheriff or the Department of Revenue, in the name of the state, in the county where <br>the property is located, to have the property sold, the claims and demands, if just, <br>satisfied, all encumbrances removed, and the proceeds of the sale of the property <br>rightfully applied. Effective: June 20, 2005 <br>History: Amended 2005 Ky. Acts ch. 85, sec. 291, effective June 20, 2005. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. <br>sec. 4179.