Wilson v. Teague
Court of Appeals of Kentucky
Case 10 — PETITION ORDINARY APPEAL PROM WHITLEY COURT OP COMMON PLEAS. The warning order having been made without any affidavit upon which to base it, and that fact appearing affirmatively on the face of the record the decree and sale. thereunder were void. The provisions of the Code upon the subject of warning orders should he strictly pursued.
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Case 10 — PETITION ORDINARY APPEAL PROM WHITLEY COURT OP COMMON PLEAS. The warning order having been made without any affidavit upon which to base it, and that fact appearing affirmatively on the face of the record the decree and sale. thereunder were void. The provisions of the Code upon the subject of warning orders should he strictly pursued. (Civil Code of 1867, seos. 88, 89; Brownfield v. Dyer, &c., 7 Bush, 505 Grigsby, &e., v. Barr, 14 Bush, 334; Farris v. Withrow (Iowa), 77 Am. Dec., 117; Hahn v. Kelly (Cal.), 94 Am. Dec., 749, and notes, p. 766.) The absence from the record of the…
1Opinion of the CourtChief Justice Bennett
Peter "Wilson died in 1894 intestate. His administrator brought suit against Ms heirs and creditors to settle Ms estate as an insolvent estate. Three of the heirs were *48non-residents at the time and have been continuously ever since. The fact that they were non-residents was set out in the petition, which was signed by the administrator, and they were proceeded against by warning order. A non-resident attorney was duly appointed and answered; the court gave judgment for the sale of the land in controversy, and it was sold in 1876 and possession delivered. The appellants, the said non-resident…
2Cited by10 opinions
- Pen-Ken Gas & Oil Corp. v. Warfield Natural Gas Co.Court of Appeals for the Sixth Circuit · 1943
- Baker v. Baker, Eccles & Co.Court of Appeals of Kentucky · 1915
- Bamberger v. GreenCourt of Appeals of Kentucky · 1912
- Ramsey's v. RamseyCourt of Appeals of Kentucky (pre-1976) · 1930
- Sears' Heirs v. Sears' HeirsCourt of Appeals of Kentucky · 1893
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