Cheatham v. Whitman
Court of Appeals of Kentucky
Case 81 — PETITION EQUITY APPEAL FROM HENDERSON CIRCUIT COURT. A judgment against an infant under fourteen years old is void, unless there is service of process on the infant and on the father or guardian, and a subsequent appointment of a guardian ad litem to defend.
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Case 81 — PETITION EQUITY APPEAL FROM HENDERSON CIRCUIT COURT. A judgment against an infant under fourteen years old is void, unless there is service of process on the infant and on the father or guardian, and a subsequent appointment of a guardian ad litem to defend. (Civil Code (1851), sections 55, 56, 81; 9 Dana, 395, Bank of U. S. v. Cockran.) When the father of the infant defendant is a defendant in the action, services of summons upon the father and upon the infant defendant is sufficient to bring the infant before the court, though the summons upon the father was in his own right only.
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
The right oi the "appellants to Recover the land in contest turns upon the question whether the judgment against them in the Faulkner suit was void. If erroneous merely, it can not be questioned collaterally. If the court had not acquired jurisdiction, then it was Yoid.
Briefly stated, the facts are as follows: In 1861, W. W. Cheatham, in consideration of love and affection, conveyed the land to his wife, Mary F. Cheatham, for the benefit of his children. He was then indebted to Faulkner, who in 1867 assailed the conveyance by suit as voluntary.-…
2Cases cited3 opinions
- Webber v. WebberCourt of Appeals of Kentucky · 1858
- Bank of the United States v. CockranCourt of Appeals of Kentucky · 1840
- Case, Davidge v. ColstonCourt of Appeals of Kentucky · 1858
3Cited by26 opinions
- Johnson v. CarrollCourt of Appeals of Kentucky · 1921
- Ratliff v. ChildersCourt of Appeals of Kentucky · 1917
- Bitzer v. MerckeCourt of Appeals of Kentucky · 1901
- First State Bank v. Thacker's AdministratrixCourt of Appeals of Kentucky (pre-1976) · 1926
- Holloway v. BrownCourt of Appeals of Kentucky · 1918
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