Legal Opinion

Derr v. Wilson

Court of Appeals of Kentucky

Decided March 20, 1886PublishedCited by 6 opinions

Case 2 — PETITION ORDINARY APPEAL PROM OWEN CIRCUIT COURT. 1. A void judgment is an absolute nullity, and may be assailed in a collateral proceeding by any party whose rights are affected by it.

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Case 2 — PETITION ORDINARY APPEAL PROM OWEN CIRCUIT COURT. 1. A void judgment is an absolute nullity, and may be assailed in a collateral proceeding by any party whose rights are affected by it. (Freeman on Judgments, ed. 1881, section 117; Jones & Kelly v. Commonwealth, 2 Duvall, 82; Carpenter v. Strother’s Heirs, 16 B. ' M., 295; Landrum v. Farmer, 7 Bush, 49; Roberts v. Stowers, 7 Bush, 295, 297.) 2. The judgment assailed in this case was in contravention of the right of alienation of the homestead given by the statute, and, therefore, void. (Allensworth v. Kimbrough, 79 Ky., 332.) The…

1Opinion of the Court

JUDGE PRYOR

delivered the opinion of the court.

This is an action in the nature of an ejectment by the appellee against the appellant, to recover possession of a house and lot in the town of Mackville, in the county of Washington. The appellee claims to have derived title through a sale made by the commissioner in the case of Wilson v. Derr. The original owner, John Derr, executed a mortgage to Wilson on the property in controversy to secure the latter in the payment of a sum of money owing him by Derr. The wife of the mortgageor was not a party to the mortgage, and hence the homestead did not…

2Cases cited1 opinion

  1. Newcomb's Executors v. NewcombCourt of Appeals of Kentucky · 1877

3Cited by6 opinions

  1. Carpenter v. MoorelockCourt of Appeals of Kentucky · 1913
  2. Wallace v. LackeyCourt of Appeals of Kentucky · 1917
  3. Lasley v. DeppCourt of Appeals of Kentucky · 1916
  4. Armor v. LewisSupreme Court of Missouri · 1913
  5. Keene v. WyattSupreme Court of Missouri · 1901

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