KRS 426.320: Sales invalid if made by fraud or collusion -- Proceedings to set aside --
Where this section sits in the code
- KRS Chapter 426
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.
Collected 2026-09-05T20:59:44Z. Source file · JSON