Carroll v. First Nat. Bank & Trust Co. of Lexington

Clay, Commissioner

Affirming.

In this declaratory judgment action, which also seeks the sale of land, the sole question raised on appeal is whether or not appellant is bound by a former judgment involving the property, entered in a suit to which he was not made a party. The Chancellor, invoking the doctrine of virtual representation, determined that appellant’s rights were fixed by that former judgment.

In 1922 John Carroll died, leaving a will. He devised his real estate: (1) to his wife for life; (2) then to his daughter for life; (3) with remainder to her heirs; (4) in the event of the…