Revill's heirs v. Claxon's heirs
Court of Appeals of Kentucky
Case 14 — PETITION ORDINARY APPEAL PROM OWEN CIRCUIT COURT 1. The infant children of Catharine Revill were not made parties to the suit in which the land was sold, and therefore they are not bound by the sale. 2. The. court had no jurisdiction to order the sale, because the commissioners appointed to do so did not report the net value of the real or personal estate of the infants nor the annual profits.
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Case 14 — PETITION ORDINARY APPEAL PROM OWEN CIRCUIT COURT 1. The infant children of Catharine Revill were not made parties to the suit in which the land was sold, and therefore they are not bound by the sale. 2. The. court had no jurisdiction to order the sale, because the commissioners appointed to do so did not report the net value of the real or personal estate of the infants nor the annual profits. (Sec. 2, art. 3, chap. 86, Revised Statutes; Wells v. Cowherd, 2 Met. 514; Bell v. Clark, 2 Met. 573; Woodcock v. Bowman, 4 Met. 40.) 3. A judgment for the sale of infants’ real estate, and a…
1Opinion of the Court
JUDGE COFER
delivered the opinion oe the court.
James Simpson devised one eighth of a tract of land, supposed to contain three hundred and fifty acres, to his daughter, Mrs. Catharine Revill, wife of E. S. Revill, for life, with remainder to her children. W. G, Simpson was also a devisee, and as such entitled to one eighth of the land, and he purchased from five other devisees their interest, thus becoming the owner of six eighths. He then, in conjunction with E. S. Revill and Sinclair B. Merrill, guardian of Gabriel R. Merrill, who owned one eighth of the land, filed his petition against Mrs.…
2Cases cited5 opinions
- Dawson v. LitseyCourt of Appeals of Kentucky · 1874
- Neely v. MerrittCourt of Appeals of Kentucky · 1872
- Fenwick v. PhillipsCourt of Appeals of Kentucky · 1860
- Barber's Administrators v. HopewellCourt of Appeals of Kentucky · 1858
- Lee v. PageCourt of Appeals of Kentucky · 1876
3Cited by6 opinions
- Elliott v. FowlerCourt of Appeals of Kentucky · 1901
- Finneran v. GrahamMassachusetts Supreme Judicial Court · 1908
- Harris v. HopkinsCourt of Appeals of Kentucky · 1915
- Equitable Trust Company of Dover v. BaysCourt of Appeals of Kentucky (pre-1976) · 1920
- Elliott v. FowlerCourt of Appeals of Kentucky · 1901
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