Phalan v. Louisville Safety Vault & Trust Co.
Court of Appeals of Kentucky
Case 4 — PETITION EQUITY — APPEAL FROM LOUISVILLE CHANCERY COURT. 1. In order that the court may have jurisdiction to sell the land of an infant at the suit of the guardian, it is necessary that the infant be made a defendant. (Walker v. Smyser, 80 Ky., 020; Civil Code, secs. 489, 498.) 2. The court has no jurisdiction to decree the sale of lands of the infant when a portion thereof is in another county than that in which the suit is brought.
Read the full summary
Case 4 — PETITION EQUITY — APPEAL FROM LOUISVILLE CHANCERY COURT. 1. In order that the court may have jurisdiction to sell the land of an infant at the suit of the guardian, it is necessary that the infant be made a defendant. (Walker v. Smyser, 80 Ky., 020; Civil Code, secs. 489, 498.) 2. The court has no jurisdiction to decree the sale of lands of the infant when a portion thereof is in another county than that in which the suit is brought. (Civil Code, sec. 62; Harlan v. Howard, 79 Ky., 377; McAllister v. Savings Bank, 80 Ky., 689; Bogard & Bro. v._ Buckner, 5 Ky. L. R., 586; Fisher v.…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
The statutory guardian of Eliza Sutfield filed its: petition against its ward, Eliza, and her infant sister Florence, and her statutory guardian, John H. Leathers, the widow and two adult children of the decedent, all of whom are made defendants, asking the sale of two tracts of land owned jointly by the ‘defendants,, lying in Henry, Oldham and Hardin counties, and the-sale of some city lots in Louisville for the purpose of reinvestment, alleging that the sale of all the property will redound greatly to the interest of its ward. The-adult heirs…
2Cases cited1 opinion
- Kendall v. BriggsCourt of Appeals of Kentucky · 1883
3Cited by13 opinions
- Purvis v. HardinSupreme Court of Missouri · 1938
- El Paso County Water Improvement District No. 1 v. City of El PasoDistrict Court, W.D. Texas · 1955
- Spratt v. AllenCourt of Appeals of Kentucky · 1899
- DeHaven v. DeHaven's AdministratorCourt of Appeals of Kentucky · 1898
- Hamilton's Admx v. RineyCourt of Appeals of Kentucky · 1910
8 more not listed; retrieve them via the Exa API.