Kendall v. Briggs
Court of Appeals of Kentucky
Case 17-EQUITY APPEAL PROM WASHINGTON CIRCUIT COURT. Without a bond, and the necessary privy examination of married women, the sale is void. There is no exception to the general rule when tlie real estate is worth more than one hundred dollars.
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Case 17-EQUITY APPEAL PROM WASHINGTON CIRCUIT COURT. Without a bond, and the necessary privy examination of married women, the sale is void. There is no exception to the general rule when tlie real estate is worth more than one hundred dollars. (Sec. 490, subsec. 2; sec. 493 and subsections; secs. 497, 494; subsec. 6, sec. 495, Civil Code, 1877; sec. 543, old Code; 6 Bush, 8 and 553; 16 B. Mon., 296; 18 lb., 391; 1 Met., 260, 418; 1 Met., 281; 1 Duv., 349 ; 3 Met., 509; 13 Bush, 723.) In'asmueh as’the real estate was not susceptible of division without materially impairing its value, under…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
The only question involved in this case arises on the response to the rule issued against the appellant, requiring him to comply with the terms of sale. The land sold consisted of several tracts; one of them was sold at the instance of creditors, and the other tracts upon the ground that a division could not be made without impairing greatly the value of the land.
Milton Moore died leaving several children, some of whom were infants when the action for the sale of the land was instituted, and others 'married women. The infants were before the court…
2Cited by5 opinions
- Powell v. BaerCourt of Appeals of Kentucky · 1911
- Phalan v. Louisville Safety Vault & Trust Co.Court of Appeals of Kentucky · 1888
- Bethel College v. GladdishCourt of Appeals of Kentucky · 1924
- Greenway's Guardian v. GreenwayCourt of Appeals of Kentucky (pre-1976) · 1936
- Woman's Club Corp. v. ReedCourt of Appeals of Kentucky · 1901