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,…
1Opinion of the Court
'Opinion oe the court by
JUDGE O’REAR —
Reversing.
In this suit to settle the estate of Mrs. B. J. Tuck, deceased, it was alleged in the petition that the personal estate wias insufficient to pay her indebtedness, and that It would be necessary “to sell some part or all of the realty” ■owned by the decedent at her death. She owned about 900 .acres of land in Christian county, and left, as her' heirs at law, she having died intestate, two adults and one infant child, and an infant grandchild. The petition further alleged that it would be to the interest of all the heirs to sell all the land.…
2Cases cited11 opinions
- Conner v. CommonwealthCourt of Appeals of Kentucky · 1878
- Walker v. Smyser's ex'rsCourt of Appeals of Kentucky · 1882
- Singleton v. CogarCourt of Appeals of Kentucky · 1838
- Vowles' Heirs v. BuckmanCourt of Appeals of Kentucky · 1838
- Revill's heirs v. Claxon's heirsCourt of Appeals of Kentucky · 1877
6 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Todd's v. First National BankCourt of Appeals of Kentucky · 1917
- Webb v. Webb's GuardianCourt of Appeals of Kentucky · 1917
- Soper v. FosterCourt of Appeals of Kentucky (pre-1976) · 1932
- Bowles' Guardian v. JohnsonCourt of Appeals of Kentucky (pre-1976) · 1927
- Ford v. MayCourt of Appeals of Kentucky · 1914
27 more not listed; retrieve them via the Exa API.