Ogden v. Stevens
Court of Appeals of Kentucky
Case 88 — PETITION EQUITY — APPEAL FROM BALLARD CIRCUIT COURT. 1. Where the error appears in the record the remedy of the infant is by appeal. It is only where the error does not appear in the record that he is entitled to a modification of the judgment by the court that rendered it.
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Case 88 — PETITION EQUITY — APPEAL FROM BALLARD CIRCUIT COURT. 1. Where the error appears in the record the remedy of the infant is by appeal. It is only where the error does not appear in the record that he is entitled to a modification of the judgment by the court that rendered it. (Civil Code, secs. 514, 518, 391, 52Ó, 745; Anderson v. Anderson, 18 B. Mon., 97; Richards v. Richards, 10 Bush, 619.) 2. Mere error in the former proceedings does not entitle the infant to relief. He must show an actual injustice. (Richards V. Richards, 10 Bush, 619.) There was no injustice in requiring appellee…
1Opinion of the CourtChief Justice Pryor
delivered the opiniok of the court.
S. K. Wakefield and Ms wife owned, by a regular conveyance made to them jointly, a tract of about 100 acres of land. The husband (Wakefield) sold the land to one Hogg, placing him in possession, and making him a general warranty deed in his name only.
Hogg sold the land to Hunt, the latter assuming to pay Wakefield the purchase money then due, which was done.
Wakefield and his wife died leaving two children, Ella Stevens and W. H. Wakefield.
After the death of Wakefield, Hunt, ascertaining that his title was defective, brought his action in equity claiming a…
2Cases cited1 opinion
- Richards v. Richards's adm'rCourt of Appeals of Kentucky · 1874
3Cited by5 opinions
- Leonard v. ætna Casualty & Surety Co.Court of Appeals for the Fourth Circuit · 1935
- White v. WhiteCourt of Appeals of Kentucky (pre-1976) · 1943
- Harris v. HopkinsCourt of Appeals of Kentucky · 1915
- Humphrey v. HollandCourt of Appeals of Kentucky · 1921
- Haddix v. WalterCourt of Appeals of Kentucky · 1924