Coleman v. Simrall
Court of Appeals of Kentucky
Case 32 — PETITION EQUITY — APPEAL PROM MERCER CIRCUIT COURT. 1. The heirs of Lucy Bronaugh were necessary parties, and, therefore, appellant’s demurrer should have been sustained. 2. The life estate of appellant can not be sold for debts contracted for any other purpose than that of raising and educating the testator’s two youngest sons. 3. While the execution levy is undisposed of, appellees can not resort to a court of equity for a sale of appellant’s interest in the…
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Case 32 — PETITION EQUITY — APPEAL PROM MERCER CIRCUIT COURT. 1. The heirs of Lucy Bronaugh were necessary parties, and, therefore, appellant’s demurrer should have been sustained. 2. The life estate of appellant can not be sold for debts contracted for any other purpose than that of raising and educating the testator’s two youngest sons. 3. While the execution levy is undisposed of, appellees can not resort to a court of equity for a sale of appellant’s interest in the land. 4.-'Appellees can not go into a court of equity for the enforcement of their judgment until they have had a return of…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion op the court.
A number of tbe creditors of Susan Coleman having had execution levied on a tract of land devised to her by her husband, and sold, or a part of it, for the payment of these debts, and the purchaser refusing to comply with the terms of sale, brought this action in equity, asking a construction of the will of the husband, and that the purchaser be compelled to take the land, and execute his bond for the purchase money. The chancellor below held that the wife had a life estate, and that it was subject to her debts. The widow and heirs appeal, but the…
2Cited by3 opinions
- Mattice v. DundenWashington Supreme Court · 1938
- Boothe v. BassettWashington Supreme Court · 1914
- Wilson v. DevasherCourt of Appeals of Kentucky · 1924