United States Supreme Court Cases & Opinions

U.S. Supreme Court

Bank of the United States v. Halstead, 23 U.S. 10 Wheat. 51 51 (1825)

Bank of the United States v. Halstead

23 U.S. (10 Wheat.) 51

Syllabus

The Act of Assembly of Kentucky of 21 December, 1821, which prohibits the sale of property taken under executions for less than three-fourths of its appraised value without the consent of its owner, does not apply to a venditioni exponas issued out of the Circuit Court for the District of Kentucky.

The laws of the United States authorize the courts of the Union so to alter the form of the process of execution used in the supreme courts of the states in 1789 so as to subject to execution lands and other property not thus subject by the state laws in force at that time.

This cause was argued at the last term, by the same counsel with the preceding case of Wayman v. Southard, (ante, 23 U. S. 1) and continued to the present term for advisement.