Stone v. Cromie
Court of Appeals of Kentucky
Case 32 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. An agreement, through the form of a judicial sale, between the committee of a lunatic and the purchaser, whereby the purchaser gets the property of the lunatic for less than its value, and gives in part payment an individual debt owing him by the committee, is void for fraud. 2. In a judicial proceeding by a committee to sell the lunatic’s land the wife of the lunatic is a necessary party.
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Case 32 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. An agreement, through the form of a judicial sale, between the committee of a lunatic and the purchaser, whereby the purchaser gets the property of the lunatic for less than its value, and gives in part payment an individual debt owing him by the committee, is void for fraud. 2. In a judicial proceeding by a committee to sell the lunatic’s land the wife of the lunatic is a necessary party. (Civil Code, sec. 492.) In deciding a case presented by the record, the Court of Appeals cannot consider the record of another case in the…
1Opinion of the Court
JUDGE HOLT
delivered the opinion op the court.
J. B. Cochran, as the committee of Gustavus Trunk, procured a decree on June 27, 1879, in the Louisville Chancery Court, to sell a lot of laud belonging to the lunatic. In the proceeding he executed bond in conformity to section 493 of the Civil Code, with W. N. *175Huling and X). M. Rodman as his sureties. The judgment reserved the potential right of the lunatic’s wife in the property; directed its sale upon six, twelve and eighteen months’ time, with interest from day of sale, and that the committee, as he collected the purchase money, should pay out…
2Cases cited1 opinion
- Trunk's Committee v. Eastern Kentucky Lunatic AsylumCourt of Appeals of Kentucky · 1885
3Cited by4 opinions
- Barrett v. Vander-MuelenCourt of Appeals of Kentucky (pre-1976) · 1936
- White Automobile Co. v. HamiltonWyoming Supreme Court · 1922
- Inter-Southern Life Insurance v. Hughes' CommitteeCourt of Appeals of Kentucky (pre-1976) · 1929
- Howe v. WarrenAppellate Court of Illinois · 1892