Elliott v. Fowler
Court of Appeals of Kentucky
'Case 39 — Action foe a Settlement of the Estate of Plaintiff’s Intestate — APPEAL FROM CHRISTIAN CIRCUIT COURT. Judgment Making Absolute, Rule in Favoe of W. T. Fowler against Thos.
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'Case 39 — Action foe a Settlement of the Estate of Plaintiff’s Intestate — APPEAL FROM CHRISTIAN CIRCUIT COURT. Judgment Making Absolute, Rule in Favoe of W. T. Fowler against Thos. H. Elliott to .pat Monet, and Elliott Appeals. 1. We hold that the court had no jurisdiction to sell any more of the infant’s real estate, than was necessary to pay the debts against it, and that the judgment of Dec. 7, 1889, i-s,. as against the infant, and to that extent, null and void. 2. If said judgment is to be upheld in toio, and against the infant, then the orders made by the court directing appellant,…
1Dissent
Dissenting opinion of
Judge Hobson:
This case involves the construction of the provision of section 429 of the Code of Practice, that, in actions to settle decedents’ estates, when the personalty is insufficient for the payment of the debts, “the court may order the real property descended or devised to the heirs or devisees, who may be parties to the action, or so much thereof as shall be necessary, to be sold for the payment of the residue of such debts.” The question is, upon what basis is it to be determined liow much land it is necessary to sell for the payment of the debts? When the land…
2Cases cited13 opinions
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- Dawson v. LitseyCourt of Appeals of Kentucky · 1874
- Walker v. Smyser's ex'rsCourt of Appeals of Kentucky · 1882
- Bitzer v. MerckeCourt of Appeals of Kentucky · 1901
- Kimbrough v. HarbettCourt of Appeals of Kentucky · 1901
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